IMPORTANT – PLEASE READ CAREFULLY
Cleeng: The service and brand “Cleeng” exploited by ”DG2ALL” B.V. situated at Reimersbeek 14, 1082 AG, Amsterdam , Netherlands (Kvk: 34392902).
User: the end user of the Cleeng Service, being either a natural person or a legal entity.
Agree the following:
2.1. Cleeng Service: Online service to protect, access, share and monetize content.
2.2. Protected content: Content which a Cleeng Publisher has provided with a Cleeng Layer, or accessible behind a “Buy” with Cleeng button.
2.3. Cleeng Layer: Sheet which covers protected content, containing a short description, along with legal notices and conditions of the acquisition of content.
2.4. MyAccount: A personal online environment in which a User can access purchased content, credit information and personal information
2.5. Credits: A virtual medium of exchange which the user can use to access Protected content with use of the Cleeng service.
2.6. Credit balance: Number of purchased and/or earned (and not used) credits.
2.7. Cleeng publisher: Party protecting content using the Cleeng Layer, or a “Buy” with Cleeng button.
2.8. Publisher website: Website on which the protected content is hosted.
2.9. User: Person or Party with a registered Account being either a legal entity or natural person.
3.2. This User Agreement will also govern a future relation between Users and any of Cleeng’s legal successor’s .
4. Amendments in User Agreement and Cleeng Service
4.2. If User does not agree with the amendments usage of the Cleeng Service must be seized. By using the Cleeng Service and/or accessing the MyAccount after publication of the amendments User declares to have read the amended documents and agrees to their applicability.
5. Cleeng Service
5.1. Cleeng strives to deliver the best possible level of service to the User. However, Cleeng cannot guarantee, unless when obliged to by applicable mandatory law, that the Cleeng Service is at all times, safe, available, fully functional and/or that usage of the Cleeng Service will meet the specific demands of the User.
5.2. Cleeng is allowed to deny access to the Cleeng Service to the User, to block access for a specific period, to limit access and/or to terminate a user account if:
1) User, according to Cleeng, is in violation of the terms of this User Agreement.
2)User is in violation of applicable law or rules of law.
3)according to Cleeng, this is needed for technical and/or security issues to prevent unauthorized access to the Cleeng Service or the loss of data.
5.3. User has the option to become a Publisher and enjoy other advantages of the Cleeng Service. The option to become a Publisher is available via the Myaccount.
6.1. User declares that all provided information to Cleeng is accurate and complete.
6.2. User is not allowed to register an MyAccount for a third person or party unless this person or party has given explicit written permission. If requested by Cleeng, User must produce this consent.
6.3. Users younger than sixteen (16) years of age, or older if applicable law demands this for committing legal acts, are not allowed to register an MyAccount unless they have explicit written permission from parent(s) or legal guardian(s). If requested by Cleeng, User must produce this consent.
6.4. User is responsible for the confidentiality of the username and password belonging to Users MyAccount. It is not allowed to share usernames and passwords with any third person or party.
6.5. If User suspects that a third person or party has access to MyAccount Cleeng must be notified immediately.
6.6. Cleeng is entitled to suspend and/ or terminate access to an MyAccount if misuse is suspected by Cleeng.
6.7. Cleeng is never obliged to provide a back up of the content accessed by the User. Note that Cleeng doesn’t own, host or store the content, and that such content usage is governed by the Publisher website terms and conditions.
6.8. User recognizes the fact that technical malfunctions and/or other error(s) can lead to loss of content and/or data without any liability for Cleeng.
7.1. To remove the Cleeng layer, you need to use Cleeng credits and have sufficient balance of credits available. Such credits can only be purchased from Cleeng using standard payment methods like debit or credit cards, PayPal, promotional vouchers or other means made available. At the time payment is made, the User will receive the amount of bought credits on his MyAccount. If applicable, additional VAT and fees may be charged.
7.2. An overview of the Credit Balance can be found in the MyAccount.
7.3. By purchasing content the amount of Credits owed for access to Publisher Content is deducted from the Users Credit Balance and divided between Cleeng and the Publisher.
7.4. If a Publisher has enabled the recommendation option Cleeng will forward the amount of earned Credits for recommending content directly to the User.
7.5. Credits cannot be exchanged for money. Only publishers’ accounts can do so.
7.6. In case of termination of this agreement Cleeng is not obliged to reimburse Users Credit Balance.
7.7 If you do not use any of your credits for a period of 180 days, your account will become inactive and the credits will expire.
8. Billing and Payment
8.1. Cleeng uses self-billing for Users, in their MyAccount Users can access an overview of content bought and the number of credits left. By accepting this User Agreement, User explicitly agrees with this form of billing.
8.2. When ordering credits by Cleeng the amount of credits ordered are directly billed, if applicable additional VAT and fees are charged.
8.3. Credits are dispensed at the time payment is made.
8.4. Payment is, amongst other payment methods, possible through PayPal, Visa, Mastercard and American Express. Conditions may vary per country.
8.5 Specific clause may apply for subscription. See article 18.
9. Intellectual Property Rights Cleeng
9.1. All intellectual property rights of Cleeng and the Cleeng Service (including but not limited to: design materials, source codes, screen lay-out, tools, api’s, user databases, brand names and patents), are property of DG2ALL B.V and/or Cleeng.
9.2. User receives a non-exclusive, non transferable, revocable and not sub licensable right to use the Cleeng Service. User is not entitled to copy, multiply, alter or otherwise change works protected by IP-Rights of DG2ALL B.V. and/or Cleeng. Nor is User entitled to sell or to make public any work(s) protected by IP-Rights of DG2ALL B.V. and/or Cleeng. User is entitled to use works protected by IP-Rights of DG2ALL B.V. or Cleeng if and in so far as is necessary for the use of the Cleeng Service.
9.3. User is not allowed to remove or alter any mark of intellectual property of DG2ALL B.V. and/or Cleeng.
9.4. In no way has does this end-user license agreement transfer any right of intellectual property from DG2ALL B.V. and/or Cleeng to the User.
10. Intellectual Property Rights Publisher
10.1. User is aware of the fact that content protected by the Cleeng Layer on the Publisher Website can be protected by intellectual property rights of the Publisher or a third party.
10.2. User declares that intellectual property rights of content of the Publisher or content of a third party legally hosted by the Publisher will be respected. Copying, spreading or otherwise publicizing Protected content is strictly prohibited.
10.3. Quotation of content and other exceptions of copyright are allowed under the conditions provided by applicable law. When quoting, or referring to, Protected content User is obliged to mention the original author and the location of the content.
10.4. User is obliged to consult applicable terms and conditions on the Publisher Website regarding intellectual property before accessing Protected Content. In the event of contradictory terms the terms and conditions of the Publisher Website (regarding intellectual property of the Publisher) will apply.
11. Abuse reports and reimbursement
11.1. Within 15 days after purchase of protected content, Users can submit at any time an abuse report be based on:
1) a breach of the conditions mentioned in the Cleeng Publishers Agreement
2) inappropriate content
3) a misleading description of Protected Content
4)Poor quality of the Publisher Website and or of the Protected Content
5) Lack of content behind the Cleeng Layer
6) unavailability of Protected Content due to technical problems.
11.2. An abuse report as mentioned in article 11.1 is available from MyAccount and must contain:
a) The URL where the content can be found on the Publisher Website.
b) A statement containing the nature of the complaint.
c) Contact information of the complainant.
d) With regards to abuse reports regarding a alleged breach of intellectual property, a statement which indisputable proofs that complainant is the owner of (or legally acts for the owner of) the material protected by intellectual property rights.
11.3. Cleeng will send an anonymous version of the abuse report to the Cleeng Publisher. The Publisher can reply to this complaint within five (5) working days.
11.4. If, according to Cleeng, a valid abuse report is made, Users credits will be reimbursed. Note, Cleeng ONLY REIMBURSE USING CREDITS.
11.5. Abuse report can be done by registered Cleeng users on Cleeng/MyAccount, or directly within the Cleeng layer on the Publisher website by a third party.
11.6 Specific clause may apply for subscription. See article 18.
11.7 Cleeng cannot be held responsible for connexion problems and / or access once the purchase has been completed, including slow downloads or connection, compatibility problems to access the desired content from certain devices, and the overall quality of the content.
13.1. Except in the case of deliberate intent or recklessness by Cleeng, Cleeng will not be liable for any damages arising out of this User Agreement and the use of the Cleeng Service nor for any other damages unless liability of Cleeng cannot be excluded or limited by applicable law.
13.2. User recognizes that Cleeng is in no way responsible for the description of content and the actual content behind the Cleeng Layer. The protected content is hosted and controlled by the Publisher Website and protected by the Cleeng Layer under the conditions mentioned in the Cleeng Publishers Agreement.
13.3. If content protected by the Cleeng Layer contains a link to a third party website Cleeng is not responsible or liable for the use of, rightfulness, quality, availability, legality and/or reliability of these sites unless liability of Cleeng cannot be excluded or limited by applicable law.
13.4. User carries full responsibility for the usage of the Cleeng Service.
14. Duration and Termination
14.1. This agreement comes in effect when User successfully creates an Account and terminates at the moment the Account is deleted.
14.2. The right of use as mentioned in article 9.2 ends at the moment the Account is deleted.
15. Consequences of termination
15.1. After termination the User will no longer have access to the Account and will not be able or entitled to use the Cleeng Service.
15.2. Cleeng will delete all Account information of the User except data which is still needed for the Cleeng Service and administration, like billing and invoice information of the User.
15.3. Cleeng is in no circumstance obliged to migrate User data.
15.4. After termination of this User Agreement User is not entitled to any reimbursement. User indemnifies Cleeng for any future damages and liabilities resulting from this User Agreement and/or usage of the Cleeng Service if, and as far as, possible under the conditions of applicable mandatory law.
16. Transfer of Rights
16.1. User is not entitled to transfer any right or obligation deriving from this end-user license agreement to a third person or entity.
16.2. User is aware of the fact that this User Agreement also governs a possible future relation between User and legal successors of Cleeng.
17. Permanent terms and conditions
17.1. All terms and conditions regarding intellectual property, liability, indemnifications, the transfer or rights, and null and void terms will continue to apply after termination of this User Agreement.
18. Specific Terms and conditions for subscriptions:
18.1 Cleeng may offer functionality that enables the User to purchase content from a Publisher on a subscription basis. Subscription may be for a given frequency (weekly, monthly, quarterly…) or for a given topic (sport, music, kids…) or both. Once subscribed, all Cleeng layers on the publisher’s site part of the subscription scheme will disappear automatically while browsing.
18.2 Cleeng will process your Paid subscription as promptly as possible. Your payment details must be verified before your subscription can be activated. You can pay using the available payment options listed above. We reserve the right to reject any order at any time. When you purchase a digital product, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. If your initial payment authorization is later revoked, your subscription will be terminated.
18.2 The User may cancel automatic renewal by updating the subscriptions in the User Account and selecting the subscription you want to modify. Paid Subscriptions will automatically renew for the applicable time period you have selected, and The User may not be notified in advance of impending renewals.
18.3 The user may put any subscription on hold for a certain period, and for a maximum of 30 days (for example, when you leave on holidays). The subscription length will automatically be extended by the number of days the subscription was put on hold.
18.4 The user may cancel at any time a subscription. When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. Subscriptions already paid are non-refundable.
18.5 Quarterly, Semi-Annual, or Annual subscription: cancellations are effective immediately. When you cancel, your access and other benefits will end immediately and you will receive a prorated refund (prorated to the day). However, if you cancel in the final 30 days, the cancellation will not take effect until the end of your current billing period. Your access and privileges will continue to the end of the current billing period, and you will not receive a refund.
18.6 Cleeng is not responsible for changes happening with Publishers’ subscription, including but not restricted to, price, content availability, and membership benefits. We will do our best efforts to notify you in advance if the regular rate of a subscription changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or make a new subscription purchase from that point forward.
18.7 Certain Paid Subscriptions may offer a free trial prior to purchase. If you decide to purchase a Paid Subscription prior to the end of the free trial period, your Paid Subscription will start immediately.
18.8 Cleeng will not be liable for any unavailability of the content from the Publisher. Cleeng will provide support to the user in order to get a refund, but this is not guaranteed. User recognizes that Cleeng is in no way responsible for the description of content and the actual content behind the Cleeng Layer. The protected content is hosted and controlled by the Publisher and protected by the Cleeng Layer under the conditions mentioned in the Cleeng Publishers Agreement.
19. Other terms and conditions
19.1. If a User is living within the E.U. certain regulations like; Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data might govern this agreement.
19.2. If one or multiple terms and conditions of this User Agreement are declared null and void or cannot be fulfilled the remaining terms and conditions of this User Agreement will still be applicable
20. Contact information Cleeng
1012 KV Amsterdam, the Netherlands
Telephone: +31 (0)208943090
21. Applicable Law and competent court.
21.1. Law of the Netherlands will govern this User Agreement and/or usage of the Cleeng Service. Any dispute arising out of or in connection with this User Agreement shall be referred to the proper court residing in Amsterdam to the exclusion of all other tribunals.
Version date: October 20, 2011