Additional Conditions for About Time's Online Condolence Register
Additional Conditions for About Time's Online Condolence Register
These are the Additional Conditions for the www.about-time.eu Online Condolence Register.
In addition to About Time's General Terms and Conditions, which apply to all About Time's services and services, Additional Conditions apply to the Online Condolence Register. This provides a detailed explanation of specific rules regarding the use of About Time's Online Condolence Register. The General Terms and Conditions form the basis.
The Additional Conditions for About Time's Online Condolence Register may also regulate matters that are not mentioned in the General Terms and Conditions .
These Additional Conditions CR were last modified on March 4, 2024.
*subject to all rights and defences of AT.
1.1 The capitalised terms below shall have the following meanings in these Additional Conditions:
- Additional Conditions CR: these Additional Conditions for About Time's Online Condolence Register.
- Condolence Register: About Time's Online Condolence Register, accessible at https://www.about-time.eu/en/condolence/, on which the Services are offered.
- User: any person (natural person or legal entity) who creates a Register in the Condolence Register and uses the Condolence Register.
- Visitor: any person (natural or legal person) who uses the Condolence Register in any way without creating a Register himself.
- Services CR: the services offered by About Time such as making the Condolence Register available, offering the opportunity to create a free Register, offering the opportunity to post Condolences and Remembrances.
- Agreement: the agreement (of which these Additional Terms and Conditions form part) between the User and About Time pursuant to which About Time provides CR Services and the User provides the data required to create a Register.
- Register: a Register created within the Condolence Register by a User or by About Time.
- Condolences: messages of condolence posted to a Register by a User or Visitor.
- Remembrances: messages posted to a Register by a User or a Visitor in the form of a text, photograph or video in memory of a deceased person.
1.2 These Additional Conditions CR apply to all Agreements concluded with About Time and to any use of the Condolence Register by Users and Visitors, as well as to the Services offered thereon. Both Users and Visitors are bound by these Additional Conditions CR.
2.1 These Additional Conditions CR contain the rules and conditions under which the User/Visitor may use the Condolence Register and the Services CR offered thereon.
2.2 The User/Visitor should inform themselves of the contents of the Additional Terms and Conditions CR. The Additional Conditions CR are available online on the Condolence Register and on the Condolence Register www.about-time.eu and can also be requested via About Time.
2.3 By using the Condolence Register and/or the CR Services offered thereon, the User/Visitor declares to have taken note of and agreed to the present Additional Conditions CR.
3.1 The Agreement between About Time and the User is entered into for an indefinite period of time.
3.2 The Open-ended Agreement (applicable to a Registry) continues as long as the CR Service is provided or until the Agreement is terminated by About Time or by the User. The Indefinite Agreement may be terminated at any time and with immediate effect. The User may terminate the Indefinite Agreement by cancelling the Account via the Condolence Register.
3.3 The User cannot claim to retain a Register and/or a Condolence and/or a Reminder on the Condolence Register for a definite or indefinite period after the end of the Agreement.
4.1 The About Time CR Service consists of providing the Condolence Register on which Registers, Condolences, Remembrances and any accompanying photographs, videos and music can be published.
4.2 The User may create and manage 1 or more Registers.
4.3 About Time is not responsible for (the content of) Registers, Condolences, Remembrances and information and/or materials such as photographs, videos and music posted on the Condolence Register by Users/Visitors. About Time therefore makes no warranty as to the accuracy or legality thereof. The Users/Visitors themselves are responsible for their accuracy, legality and completeness of any content they post on the Condolence Register.
4.4 About Time may refuse, remove or amend a Register and/or a Condolence and/or a Remembrance without giving any reason or prior notice, without being liable for damages in any way. About Time may do so, inter alia, if there are multiple Registers for the same deceased person.
4.5 About Time devotes constant care and attention to the composition and availability of the Condolence Register, but may, at its discretion and reserving all its rights and defences, take the Condolence Register (temporarily) out of use, renew or modify it if it deems this necessary or desirable.
5.1 There is no charge for opening a Register.
5.2 All prices (where applicable) include VAT and other levies, unless otherwise indicated. The prices stated on the Condolence Register are subject to change.
6.1 All (intellectual) property rights to the Condolence Register, the Registers, the Condolences and Remembrances - including texts, images, photographs, design, logos, house style and other materials - belong exclusively to About Time. The (right to) use of the Condolence Register in no way implies the existence of any transfer, licence or other right of use in respect of these rights to the User/Visitor.
6.2 Without the prior consent of About Time, the (content of the) Condolence Register may not be reproduced, distributed, modified or incorporated in any way into any other medium, document or other material, in whole or in part, in any manner whatsoever.
6.3 If the User/Visitor infringes the rights of About Time, the User/Visitor shall be liable for all damages suffered by About Time as a result, including costs of investigation and legal assistance.
6.4 By creating a Register or posting a Condolence or Remembrance on the Condolence Register, the User/Visitor transfers all intellectual property rights relating to that Register, the Condolence or Remembrance to About Time. The User/Visitor warrants that it is free to transfer these intellectual property rights. The User/Visitor therefore indemnifies About Time for all claims by third parties in respect of content posted by the User/Visitor.
6.5 The User/Visitor is aware and agrees that, as a result of the transfer of intellectual property rights referred to in the previous paragraph, About Time is entitled to grant rights of use in respect of the Register or Condolence or Remembrance to third parties. However, About Time will only do so to the extent necessary for the performance of the Service offered on the Condolence Register CR or otherwise in connection with the provision of the Condolence Register and/or remembrance of deceased persons. About Time will under no circumstances sell or otherwise use information, Registers, Condolences or Remembrances to third parties for commercial purposes unless the User/Visitor has given prior consent.
6.6 If third parties are of the opinion that the Condolence Register infringes their (intellectual property) rights, they may contact About Time via About Time's support portal (with substantiation and supporting documents). If About Time concludes that there is infringement, About Time will proceed to take the necessary measures, including the removal of the infringing data. About Time will under no circumstances be liable towards third parties and is not obliged to pay any form of compensation.
7.1 About Time has compiled the content of the Condolence Register with the utmost care and About Time will use its best efforts to keep the Condolence Register available at all times. However, About Time shall not be liable for any damages of any kind arising out of or in connection with the use of the Condolence Register or the (temporary) inability to use the Condolence Register.
7.2 In the event of damage caused by About Time's intent or gross negligence, About Time's liability shall in all cases be limited to compensation of direct damage up to a maximum amount of 150 (one hundred and fifty) euros.
7.3 Any liability of About Time for indirect damage is excluded.
7.4 The User/Visitor is himself/herself fully liable for (the consequences of) the use of the Condolence Register and indemnifies About Time against any claims by third parties in respect of the Register, Condolences, Remembrances and any accompanying photographs, videos, music or other content posted by the User/Visitor.
7.5 The User/Visitor is liable to About Time for any use of the Condolence Register by him/her that is not in accordance with the provisions of these Additional Terms and Conditions and indemnifies About Time for any third party claims in connection therewith.
When visiting and using the Condolence Register, the Visitor/User is not permitted to:
a) Copy, edit or distribute personal data, such as e-mail addresses, photos, videos or other information belonging to third parties.
b) No photos and/or videos may be posted that may be perceived by others as shocking or offensive. This includes, inter alia, images of: naked, deceased and seriously injured people and/or animals and lewd images. About Time reserves the right to assess this and, at its discretion and without giving any reason, to remove photographs and/or videos.
c) Spread viruses or use other technologies that may harm About Time, the Condolence Register, Visitors or Users.
d) Post content on the Condolence Register that contains viruses, Trojans, worms or other software that may damage, render unusable or inaccessible the Condolence Register or otherwise harm About Time, the Condolence Register and/or other Users/Visitors.
e) Load the infrastructure of the Condolence Register in such a way as to compromise the operation of the Condolence Register.
f) Take measures that prevent, restrict or circumvent access to the Condolence Register.
In principle, everyone is allowed to post messages on the Condolence Register in the form of Condolences or Remembrances. In doing so, the following rules must be observed:
a) The User/Visitor is solely responsible and liable for all content (including: Registers, Condolences, Remembrances and any accompanying photographs, videos and music) posted by him on the Condolence Register.
b) Posting a Condolence or Remembrance to a Register should be done with respect and compassion. It is therefore not permitted to leave comments that may be offensive, hurtful or damaging in any form whatsoever to the deceased, the next of kin or other Visitors to the Condolence Register. Insulting, hurtful and/or damaging reactions will be deleted (immediately) without giving reasons.
c) Condolences or Remembrances in which coarse, provocative or racist language is used will be removed from the Condolence Register without giving reasons.
d) The content of posted data, messages and information may not violate Dutch law or be unlawful in any other way.
e) The Condolence Register is a Register for a deceased person and the next of kin. Using and/or misusing the Condolence Register for (one's own) political, religious or other interests is therefore not permitted.
f) Anyone posting a Condolence or Remembrance must leave their name and e-mail address. In case of abuse of the Condolence Register or misconduct as mentioned in this article, About Time will use this data to prevent further abuse.
g) Anonymous comments, however well-intentioned, can be very unpleasant for the recipient. For this reason, every Condolence and Remembrance will include the name of the person who posted the message. Anyone posting a comment agrees that their name is visible to other Users/Visitors. However, it is possible to make the name and message, not public, but only available to the Administrator of the Registry in accordance with the AVG.
h) Anyone posting a photo or video on the Condolence Register agrees that it may also be visible to other Users/Visitors.
i) About Time has ensured that messages, photos and videos cannot easily be copied from the Condolence Register by third parties. However, it cannot be prevented by special techniques from copying a website page or photograph. About Time therefore bears no responsibility whatsoever for posted messages, photos and videos. The User or Visitor who has posted content on the Condolence Register is solely responsible for this.
j) The User/Visitor is not permitted to post data, messages, photos, videos or other content that infringes the (intellectual property) rights of third parties. The User/Visitor indemnifies About Time for all claims of third parties in connection therewith.
Anyone may open a new Register for a deceased person on the Condolence Register. This is subject to legally enforceable rules:
a) A Register may only be opened for deceased people. Registers for animals, (utilitarian) objects and all other conceivable items will be immediately removed from the Condolence Register.
b) The User must always leave some legitimate and valid data. The data provided must be complete, current and correct. Without a correct and functioning e-mail address, it is not allowed to open a Register. One of the purposes of this is to be able to contact the User in case of questions or problems.
c) Costs and damages due to any form of abuse will be recovered from the User. The User is not permitted to open a Register in the name of another person or to assume a false identity.
d) The User himself is responsible and liable for the use and management of his username, password and/or login code and for all actions performed under his name and through his account on the Condolence Register. If the User suspects that unlawful use is being made of his username
e) The User is solely responsible for the management and settings of the Register he has opened.
f) When a User opens a Register, in most cases Condolences or Remembrances will be posted by Visitors. About Time does not check any posted Condolence or Remembrance before it becomes visible on the Condolence Register. User and Visitors have the option to mark a posted Condolence or Remembrance as 'not ok'. User will then receive a notification of this and can decide themselves to take action by deleting the posted Condolence or Remembrance. The User is ultimately responsible for managing the Condolences and Reminders in the Register it has opened.
g) It is not permitted to open a Register on the Condolence Register for controversial persons such as criminals, war criminals, and the like. About Time reserves the right to make its own choices in this respect and to remove a Register at its own discretion.
h) When opening a Register, the User chooses which privacy settings apply to the relevant Register, a public Register or a private Register. About Time shall not be liable for any damages of any kind that may result from the choice of a particular privacy setting.
i) If a conflict arises between next of kin regarding the opening of a Register, About Time will, in its sole discretion and judgment, always make a decision in the best interests of the immediate next of kin as to whether or not to remove or refuse the relevant Register.
j) The User is not permitted to post data, messages, photos, videos or other content that infringes the (intellectual property) rights of third parties. The User indemnifies About Time for all claims of third parties in connection therewith.
11.1 About Time reserves the right to exclude a User/Visitor from any further use of the Condolence Register if they abuse the Condolence Register in any way or fail to comply with these Terms and Conditions. This action is in the interest of and out of respect for the next of kin and the deceased named on the Condolence Register.
11.2 Depending on the nature of the abuse, About Time may, without giving reasons:
a) Grant the User or Visitor limited access to a particular Register;
b) Deny or prevent the User or Visitor from accessing the Condolence Register;
c) Delete the content and/or response(s) of the User or Visitor;
d) Delete the Register opened by the User;
e) Pass on the personal data of the User or Visitor to certain third parties (such as police, justice and rights holders).
f) Recover costs and damages due to any form of abuse from the User.
12.1 About Time may amend or supplement these Additional Conditions CR without consultation or notice at any time, after which the old Additional Conditions shall lapse.
12.2 About Time shall ensure publication of the then current version of the Additional Conditions CR on the Condolence Register and shall also ensure that the Additional Conditions CR can be saved and/or printed.
13.1 Only Dutch law shall apply to these Additional Conditions CR and any disputes arising therefrom.
13.2 All disputes arising in connection with these Additional Terms and Conditions CR shall be submitted to the competent Dutch court for the district of AT's place of business, namely The Hague. User has the right to object in writing to the execution of this clause within a period of one (1) month after AT has invoked this clause.