Terms of Service ("Terms")
Last updated: 24 May, 2018
Thank you for choosing TYTE, we are happy to have you! TYTE is a service for use by adults only to facilitate social interaction. You are referred to herein as "you" (or otherwise "your" as the context requires). The following are the terms that you accept when you use TYTE or any of its services, as defined below.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the TYTE mobile application (the "Service") operated by 42pixels B.V. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You may not post on the TYTE App or as part of the Service, or transmit to the Company or any other member (either on or off the TYTE App), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity).
You are not allowed to use TYTE if you in any way:
1. promote hatred, racism, bigotry or physical harm of any kind against any group or individual;
2. contain any material which is sexually explicit or pornographic, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, defamatory, indecent, obscene, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
3. advocate harassment or intimidation of another person, harass or intimidate or "stalk" another person;
4. requests money from, or is intended to otherwise defraud, users or members of the TYTE App or service or any third party;
5. involve the transmission of "chain letters", "junk mails", or unsolicited mass mailing or "spamming" (or "spimming", "trolling","phishing", or similar activities);
6. promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
7. promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated images, audio or video, or links to pirated images, audio or video files or providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
8. contain video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
9. contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
10. provide material that exploits people in a violent, sexual or illegal manner, or solicits personal information or other information from, or otherwise is an attempt to contact or communicate with anyone who is the lower of under the age of 18 or the age of consent in the territory in which either you or the member they resides;
11. provide instructional information about illegal activities such as making or buying illegal drugs, weapons or violating someone's privacy, or providing, disseminating or creating computer viruses;
12. contain viruses, trojan horses, time bombs, cancelbots, worms or other harmful, or disruptive codes, components or devices, or any illegal code or that runs any illegal application;
13. impersonate, or otherwise misrepresents affiliation, connection or association with, any person or entity;
14. provide information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
15. disrupt the normal flow of dialogue, causing a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
16. solicit passwords or personally identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; or
17. publicize or promote commercial activities and/or sales without company's prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of 42pixels B.V. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 42pixels B.V..
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by 42pixels B.V..
42pixels B.V. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 42pixels B.V. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall 42pixels B.V., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
42pixels B.V. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
Your privacy is important to us. That is why we follow the strict EU General Data Protection Regulation (EU GDPR). Your data is safe with us and will not be shared with third parties.
We show you in detail what data we collect and how we use it.
42Pixels BV respects the privacy of the visitors to its App, in particular the rights of visitors with regard to the automated processing of personal data. Because of complete transparency with our customers, we have therefore formulated and implemented a policy with regard to these processing operations themselves, their purpose and the possibilities for those involved to exercise their rights as well as possible. For all additional information about the protection of personal data, please visit the website of the Authority for personal data: https://autoriteitpersoonsgegevens.nl/nl.
Article 1 - Legal provisions
- App (hereinafter also: '(the) App'): TYTE.
- Responsible for the processing of personal data (hereinafter also: '(The) manager'): 42Pixels BV, with its registered office and office at 6221 BT Maastricht at Stationsplein 8K, Chamber of Commerce number: 14092121.
Article 2 - Access to the App
Access to the App and use is strictly personal. You will not use this App, nor the data and information provided on it, for commercial, political or advertising purposes, or for any commercial offers, and in particular do not use for unsolicited electronic offers.
Article 3 - The content of the App
All brands, images, texts, comments, illustrations, (animation) images, video images, sounds, as well as all technical applications that can be used to make the App function, and more in general all parts used on this site, are protected by law by intellectual property rights. Any reproduction, repetition, use or adaptation, in any way whatsoever, of the whole or only one part thereof, including the technical applications, without the prior written consent of the responsible party, is strictly prohibited. If the administrator does not immediately take action against any infringement, this can not be interpreted as tacit consent or the waiving of legal proceedings.
Article 4 - Management of the App
For the proper management of the App, the administrator can at any time:
- suspend, interrupt or restrict access to a particular (category of) visitor (s) to all or part of the App;
- remove any information that may interfere with the functioning of the App or is in violation of national or international legislation or is contrary to internet etiquette;
- have the App temporarily unavailable in order to be able to carry out updates.
Article 5 - Responsibilities
5.1 The manager is under no circumstances responsible for failures, malfunctions, difficulties or interruptions of the functioning of the App, as a result of which the App or one of its functionalities is inaccessible. The way in which you seek connection with the App is your own responsibility. You must take all appropriate measures to protect your equipment and your data against, among other things, virus attacks on the internet. You are also responsible for the Apps and the data you consult on the internet.
5.2 The manager is never liable for legal proceedings against you, in particular not:
- because of the use of the App or services accessible via the internet;
5.3 The administrator is not responsible for any damage that you incur, or third parties or your equipment as a result of your connection to or use of the App. You will refrain from any action against the administrator as a result.
5.4 If the manager becomes involved in a dispute as a result of your use of this App, he is entitled to recover from you any damage that he suffers as a result of which you suffer.
Article 6 - Collection of data
6.1 Your data is collected by 42Pixels BV and (an) external processor (s). Personal data means all information about an identified or identifiable natural person. An identifiable natural person who can be identified directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more elements characteristic of the physical, physiological, genetic , psychological, economic, cultural or social identity.
6.2 The personal data collected on the App are mainly used by the administrator for maintaining relations with you, and if necessary for the processing of your orders and wishes.
Article 7 - Your rights with regard to your data
7.1 Under Article 13 paragraph 2 sub b AVG everyone has the right to inspect and rectify or erase his personal data or limit the processing concerning him, as well as the right to object to the processing, and the right to data portability. You can exercise these rights by contacting us at email@example.com.
7.2 Each request for this must be accompanied by a copy of a valid proof of identity, on which you have signed your name, and stating the address at which you can be contacted. We strive to give you an answer to your request within 2 weeks, but no later than 1 month after the submitted request. Depending on the complexity of the requests and the number of requests, this period can be extended by 2 months if necessary.
Article 8 - Processing of personal data
8.1 In case of violation of any law or regulation, of which the visitor is suspected and for which the authorities need personal data collected by the administrator, these will be provided to them after an explicit and motivated request from those authorities, after which these personal data will not be more under the protection of the provisions of this privacy statement.
8.2 If certain information is necessary to gain access to certain functionalities of the App, the controller will indicate the mandatory character of this information at the time of requesting the data.
Article 9 - Commercial offers
9.1 You can get commercial offers from the manager. If you do not wish to receive it (anymore), please send an e-mail to the following address: firstname.lastname@example.org.
9.2 Your data can be used by partners of the responsible for commercial purposes. If you do not want this, please send an email to the following address: email@example.com.
9.3 If you encounter any personal data during the visit of the App, you must refrain from collecting it or from any other unauthorized use, as well as from any act that violates the privacy of that person (s) yields. The manager is in no way responsible in the above situations.
Article 10 - Storage period data
The data collected by the App administrator are used and stored for the duration as determined by law.
Article 11 - Cookies
11.2 We use the following types of cookies on our App:
- Functional cookies: such as session and login cookies for keeping track of session and login information;
- Anonymised Analytical cookies: to view the visit to our App based on information about visitor numbers, popular pages and topics. In this way we can better tailor the communication and information provision to the needs of visitors of our App. We can not see who visits our Apps or from which PC the visit takes place.
- Non-anonymised Analytical cookies: to view the visit to our App based on information about visitor numbers, popular pages and topics. In this way we can better tailor the communication and information provision to the needs of visitors of our App.
- Tracking cookies: such as advertising cookies intended for showing relevant advertisements. Personal interests can be derived from the information about visited Apps. This allows organizations to show their App visitors, for example, targeted advertisements. Tracking cookies make it possible to create profiles of people and treat them differently. Personal data are usually processed with tracking cookies.
More specifically, we use the following cookies:
- anonymized Google Analytics (analytical cookie);
- Google Analytics (analytical cookie);
- Facebook (tracking cookie);
- Google Adwords (tracking cookie);
11.3 When you visit our App, cookies originating from the responsible and / or third parties can be installed on your equipment.
11.4 For more information on the use, management and removal of cookies for each
type of control, we invite you to consult the following link:
Article 12 - Visual material and offered products
No rights can be derived from the visual material belonging to the offered products on the App.
Article 13 - Applicable law
Dutch law applies to these conditions. The court of the domicile / place of residence of the manager is exclusively competent in any disputes concerning these conditions, except when a legal exception applies to this.
Article 14 - Contact
For questions and information about our services or the App itself, you can contact: TYTE, firstname.lastname@example.org.