Terms and conditions for woolyz.com

The service "woolyz.com" is offered over the internet by the company Mirage Netmedia BV. The use of woolyz.com is subject to the below terms and conditions. Using woolyz.com constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Mirage Netmedia BV.

Article 1. Use of the service

1.1 The service woolyz.com allows you to publish a profile for yourself, participate in online discussions and get in contact with other users. Mirage Netmedia BV does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.

1.2 To use woolyz.com, you first need to register. After completing registration, Mirage Netmedia BV will verify whether your application is to be approved or not. You will be notified about the decision.

1.3 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Mirage Netmedia BV may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Mirage Netmedia BV that someone else knows your password.
1.4 woolyz.com processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Mirage Netmedia BV for more information.

Article 2. Terms of use

2.1 It it is not permitted to use woolyz.com for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist, or to create profiles on woolyz.com under the names of other people or to pretend to be another person, or a moderator/maintainer of woolyz.com.
2.2  In addition, on woolyz.com it is forbidden to
•     use indecent language;
•     publish information that is pornographic or erotic (even if legal under applicable law);
•     publish information in violation of copyright or hyperlinks to such information;
•     assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
•     violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
•     exercise commercial activities;
and to do anything that violates applicable netiquette.

2.3 Should Mirage Netmedia BV discover that you violate any of the above, or receive a complaint alleging the same, then Mirage Netmedia BV may intervene to end the violation.

2.4 If in the opinion of Mirage Netmedia BV the continued functioning of the computer systems or network of Mirage Netmedia BV or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Mirage Netmedia BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Mirage Netmedia BV in particular is entitled to change your contributions at its own discretion.

2.5 Mirage Netmedia BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.6 Mirage Netmedia BV may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Mirage Netmedia BV from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1 Mirage Netmedia BV uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.

3.2 Mirage Netmedia BV actively maintains woolyz.com. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.

3.3 Mirage Netmedia BV may from time to time adapt woolyz.com. Your feedback and suggestions are welcome but ultimately Mirage Netmedia BV decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1 The service woolyz.com, the accompanying software as well as all information and images on the website is the intellectual property of Mirage Netmedia BV. None of these items may be copied or used without prior written permission of Mirage Netmedia BV, except and to the extent permitted by mandatory law.

4.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Mirage Netmedia BV receives an unlimited license for use of this information, including the right to sell (sublicense) the information to third parties and the right to use this information for other services of Mirage Netmedia BV.

4.3 The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Mirage Netmedia BV may decide to adapt or remove the information.

4.4 You may change information you publish or store using the service at your own discretion. Removal is however not possible.

4.5 If you send information to Mirage Netmedia BV, for example a bug report or suggestion for improvement, you grant Mirage Netmedia BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.6 Mirage Netmedia BV shall refrain from accessing data you store or transfer using woolyz.com, unless this is necessary for a good provision of the service or Mirage Netmedia BV is forced to do so by law or order of competent authority. In these cases Mirage Netmedia BV shall use its best efforts to limit access to the information as much as possible.

4.7 In case Mirage Netmedia BV discovers your contributions have been copied by third parties in combination with contributions of others, then Mirage Netmedia BV is authorized to take legal action against such copying under its own or your name. All costs must be borne by Mirage Netmedia BV but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Mirage Netmedia BV to act against copying of (substantially) all contributions to woolyz.com.

Article 5. Compensation for the service

5.1 The use of certain functions of woolyz.com is subject to fees. The functions in question will inform you of the fees. The fee is due every month and must be paid in advance.

5.2 Payment is possible through direct debit order, by making a wire transfer to the account of Mirage Netmedia BV, via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.

5.3 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1 Except in case of intentional misconduct or gross negligence the liability of Mirage Netmedia BV shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.

6.2 Mirage Netmedia BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

6.3 Damages may only be claimed if reported in writing to Mirage Netmedia BV at most two months after discovery.

6.4 In case of force majeure Mirage Netmedia BV is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.

7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.

7.3 Mirage Netmedia BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Mirage Netmedia BV shall first send a reminder mail to the e-mail address connected to your account.

Article 8. Changes to terms

8.1 Mirage Netmedia BV may change or add to these terms and conditions as well as any prices at any time.

8.2 Mirage Netmedia BV shall announce through the service changes or additions at least thirty days before their taking effect.

8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of woolyz.com after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1 Dutch law applies to this agreement.

9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with woolyz.com shall be brought before the competent Dutch court for the principal place of business of Mirage Netmedia BV.

9.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or

communication through the woolyz.com service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

9.4 The version of any communication of information as recorded by Mirage Netmedia BV shall be deemed to be authentic, unless you supply proof to the contrary.

9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.6 Mirage Netmedia BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of woolyz.com or the associated business activities.