Terms of Service

 

The use of the service Storyteller.fit is subject to the below terms and conditions. Using Storyteller.fit constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions are possible only by means of written confirmation by Storyteller.fit.

Article 1. Use of the service

1.1 The service Storyteller.fit allows you to create a profile, share content, participate in online discussions and engage with other users. Storyteller.fit does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.
1.2 To interact on Storyteller.fit, you first need to login through the Strava APIs.
1.3 You must make sure no one can access your account using the username and password. In particular you must keep the password strictly confidential. Storyteller.fit 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 Storyteller.fit that someone else knows your password.
1.4 Storyteller.fit processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Storyteller.fit for more information.

Article 2. Terms of use

2.1 It is not permitted to use Storyteller.fit 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 Storyteller.fit under the names of other people or to pretend to be another person, or a moderator/maintainer of Storyteller.fit.
2.2 In addition, on Storyteller.fit it is forbidden to
• publish information in violation of copyright or hyperlinks to such information;
• 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;
• is erotic or pornographic in nature;
• advertises or promotes a business or is otherwise directly or indirectly aimed at for-profit activities;
• encourages or provides detailed information on cybercrime, such as by posting hacks or exploits for bugs;
and to do anything that violates applicable netiquette or the generally accepted customs that apply at the specific area where the violation occurred.
2.3 Should Storyteller.fit or any of its administrators or moderators discover that you violate any of the above, or receive a complaint alleging the same, then that party may intervene to end the violation, for example by removing or blocking the content. The removal or blocking of an account may however only be done in case of a serious violation and after a decision by Storyteller.fit, not by an individual administrator or moderator. If appropriate you will be contacted about a suspected violation to work with you to find an amicable solution within these terms of use.
2.4 If in the opinion of Storyteller.fit the continued functioning of the computer systems or network of Storyteller.fit 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, Storyteller.fit may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5 Storyteller.fit is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.6 Storyteller.fit may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Storyteller.fit from all third-party claims arising out of your violation of these terms of use.
2.7 Storyteller.fit may take legal action against third parties that copy your content onto their sites or other media, in case these parties also copy substantial portions of other parts of the Storyteller.fitslabs.org site. You agree to cooperate with Storyteller.fit (at Storyteller.fit’s expense) if this may happen. This clause does not prevent you from republishing your content onto other sites.

Article 3. Availability and maintenance

3.1 Storyteller.fit uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2 Storyteller.fit actively maintains Storyteller.fit. In case maintenance is reasonably expected to negatively impact availability, Storyteller.fit shall carry out such maintenance at night (local time). Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3 Storyteller.fit may from time to time adapt Storyteller.fit. Your feedback and suggestions are welcome but ultimately Storyteller.fit decides which adaptations to carry out (or not).
3.4 The service allows the sending of private messages between registered users. Storyteller.fit shall not access such private messages except (1) with your permission, (2) when necessary to correct problems with the service, (3) in the investigation of a serious complaint regarding a violation of article 2,or (4) upon receipt of a lawful order by a competent authority to do so. All Storyteller.fit personnel accessing private messages are bound by confidentiality regarding its content.

Article 4. Intellectual property

4.1 The service Storyteller.fit, the accompanying software as well as all information and images on the website is the intellectual property of Storyteller.fit. None of these items may be copied or used without prior written permission of Storyteller.fit, 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). Storyteller.fit receives a license to use this information for the service and everything that goes with it, including promotion and reporting regarding the service and Storyteller.fit itself.
4.3 You can terminate the license of the previous clause by removing the information in question and/or to terminate the agreement. Such termination shall not affect historical documents published by Storyteller.fit, such as its annual reports.
4.4 You may change or remove content you publish or store on Storyteller.fit at your own discretion, within the limits set by the service. If you delete content, Storyteller.fit will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
4.5 If you send information to Storyteller.fit, for example a bug report or suggestion for improvement, you grant Storyteller.fit 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 Storyteller.fit shall refrain from accessing data you store or transfer using Storyteller.fit, unless this is necessary for a good provision of the service or Storyteller.fit is forced to do so by law or order of competent authority. In these cases Storyteller.fit shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

5.1 Storyteller.fit is offered completely at no charge.

Article 6. Limitation of liability

6.1 Except in case of intentional misconduct or gross negligence Storyteller.fit shall not be liable for the use of the service or any damages in connection therewith.
6.2 Storyteller.fit is in no event 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 Storyteller.fit at most two months after discovery.
6.4 In case of force majeure Storyteller.fit 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 wish to terminate this agreement and your account on Storyteller.fit, you can contact Storyteller.fit and we will delete your account.
7.3 Storyteller.fit is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Storyteller.fit shall first send a reminder mail to the e-mail address connected to your account.

Article 8. Changes to terms

8.1 Storyteller.fit may change or add to these terms and conditions at any time.
8.2 Storyteller.fit 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 Storyteller.fit 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 Storyteller.fit shall be brought before the competent Dutch court for the principal place of business of Storyteller.fit.
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 Storyteller.fit 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 Storyteller.fit 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 Storyteller.fit is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition or merger of Storyteller.fit or the associated business activities.