Terms of Use

Welcome to StartSpace!

These Terms of Use constitute a legally binding agreement between you and StartSpace ("we," "us," "our"). They outline the rules and restrictions that govern your use of StartSpace's products and services (referred to as "StartSpace" below). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at info@startspace.com.

By using StartSpace in any way, you signify your agreement to these Terms, which will remain in effect for the duration of your use of StartSpace. These Terms include the contents of this document, as well as the Privacy Policy, Publisher Agreement, and Content Guidelines. If you do not agree to all of the following, you are not permitted to use or access StartSpace in any manner.

By using StartSpace, you represent and warrant that you are of legal age to enter into a binding contract. If you are under the legal age, you confirm that you have obtained permission from your parent or guardian to use StartSpace, and they agree to these Terms on your behalf.

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to accept these Terms on their behalf, and you bind them to these Terms. In such cases, the references to "you" and "your" throughout this document refer to that organization or entity.

Creating an Account on StartSpace

To use StartSpace, you may need to register an account and choose a password. You agree to provide accurate, complete, and up-to-date registration information about yourself.

You agree to use StartSpace solely for your personal or organizational use and not on behalf of or for the benefit of any third party. You may not transfer your account to another person without our prior written permission.

When selecting your StartSpace account name, you may not use a name that you are not authorized to use or another person's name with the intent to impersonate them. StartSpace reserves the right to refuse registration or cancel a StartSpace account name at its discretion.

Posting Content on StartSpace

First and foremost, you retain ownership of the content you create. Any original content you post, upload, share, store, or provide to StartSpace remains yours and is protected by copyright and other applicable intellectual property laws.

This includes newsletters, subscriber lists, any text or photos you upload to your StartSpace subdomain, and any information you provide to obtain a StartSpace username and account. It also encompasses any comments posted on current or future discussion board features on StartSpace.

Content posted, uploaded, shared, stored, or provided through StartSpace is referred to as a "Post" in these Terms. There are a few rules that apply to all Posts:

• Respect Others' Rights: Your Posts should not infringe on anyone else's rights, including those of StartSpace. You must not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or exploit any content that is not owned by you without prior consent from the content owner.
• Limited License to Us: To display your Posts on StartSpace and enable other users to enjoy them, you grant us certain rights:
  • Operating StartSpace: You grant StartSpace a license to translate, modify, reproduce, and take necessary actions related to your Posts to provide, improve, and notify you about new features within StartSpace. You understand and agree that we may need to make changes to your Posts to ensure they conform and adapt to the technical requirements of networks, devices, services, or media. For example, we may modify your newsletter to ensure it is viewable on both iPhones and computers.
  • Public Posts: If you share a Post with other users on StartSpace, you grant us the aforementioned license, as well as a license to display, perform, and distribute your Post. Additionally, you grant all other StartSpace users a license to access the Post and exercise all rights permitted by StartSpace's functionality.
• Term of License: The licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. These licenses only affect the usage rights granted to StartSpace, and your ownership of the Posts remains unaffected.

We reserve the right to remove any content from StartSpace at any time, for any reason, including if someone alleges that you violated these Terms by contributing that content. Such removal will be at our sole discretion and without prior notice.

Intellectual Property and Reporting Infringement

We highly value intellectual property rights and maintain the authority to remove or disable content that is alleged to infringe upon such rights. Additionally, we may terminate the accounts of users who repeatedly engage in alleged infringement. You are obligated to adhere to copyright notices, trademark rules, information, and other restrictions provided by us or posted on StartSpace.

To report potentially infringing content, please click here. For more information on the applicable copyright laws in the Netherlands, please click here.

Please be aware that StartSpace, including its trademarks, logos, and other intellectual property, is owned by us. These Terms do not grant you any right, title, or interest in StartSpace or our intellectual property.

Acceptable Use Policy

You are solely responsible for all your activities related to StartSpace. Ensure that your use of StartSpace complies with applicable laws. If the usage of StartSpace is prohibited by the laws applicable to you, you are not authorized to use StartSpace. We cannot and will not be held responsible for any unlawful use of StartSpace on your part.

Furthermore, you agree not to contribute any Posts or use StartSpace in a manner that:

• Is fraudulent, threatening, or violates StartSpace's Content Guidelines.
• Compromises the security of your StartSpace account or the accounts of others (e.g., allowing someone else to log into your StartSpace account or sharing your account or password with someone).
• Attempts to obtain the password, account, or security information of any other user.
• Breaches the security of any computer network, or attempts to crack passwords or security encryption codes.
• Engages in running Maillist, Listserv, any form of auto-responder, or "spam" on StartSpace, or any processes that operate while you are not logged into StartSpace, or that disrupt the proper functioning of StartSpace (including overloading StartSpace's infrastructure unreasonably).
• Performs "crawling," "scraping," or "spidering" of any page, data, or section of StartSpace (whether manually or automatically).
• Copies or stores a substantial portion of StartSpace's content.
• Decompiles, reverse engineers, or attempts to obtain the source code, underlying ideas, or information related to StartSpace.

Other Users and Third Parties

• Posts: Posts published on StartSpace, including Publisher newsletters, are the sole responsibility of the individuals or organizations from which the content originates. You access such content at your own risk. We do not assume liability for any errors or omissions in any Post, and by using StartSpace, you release us from any damages or losses you may incur in connection with a Post.
• Other Users on StartSpace: Your interactions with organizations and individuals found on or through StartSpace, including payment for Publisher newsletters and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and those organizations or individuals. You agree that StartSpace shall not be responsible or liable for any loss or damage of any kind incurred as a result of such dealings. We cannot guarantee the identity of StartSpace users, nor are we responsible for determining which users gain access to our products and services.
• Third-Party Content: StartSpace may contain links or connections to third-party websites or services that are not owned or controlled by us. We have no control over the content, accuracy, privacy policies, or practices of these third-party websites and assume no responsibility for them. By using any third-party website or service, you release us from any liability arising from such use.

In the event of a dispute with one or more other users of StartSpace or a third party, you release us, our officers, employees, agents, and successors from any and all claims, demands, and damages, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or StartSpace.

Limitation of Liability

To the maximum extent permitted by applicable law, neither StartSpace, its licensors, nor its suppliers shall be liable to you or any other person for:

• Any indirect, special, incidental, or consequential damages of any kind, or
• Any amount exceeding the greater of (1) €100 or (2) the total amounts paid and/or payable by you to us in connection with StartSpace during the twelve-month period preceding the claim.

No Warranties

StartSpace is provided to you on an "as-is" basis, without any express or implied warranties of any kind. This includes any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free use of StartSpace. Consequently, we do not:

• Make any representations or warranties regarding the accuracy, copyright compliance, legality, or decency of any content contained in or accessed through StartSpace. We are not responsible for the material contained on our products and services.
• Make any representations or warranties regarding the suitability or quality of products or services (including Publisher newsletters) offered or obtained through StartSpace. Products and services purchased or offered through StartSpace, including newsletters, are provided "as-is" without any warranty from StartSpace.

Paid Subscriptions on StartSpace

If you publish content through StartSpace, you are considered a Publisher. If you subscribe to content of a Publisher, you are a Reader. Readers subscribe directly to content of a Publisher through the Publisher's subdomain on StartSpace.

Publishers have the discretion to offer their content for free or charge a subscription fee. Readers may choose to subscribe to the content of the Publisher on StartSpace and agree to pay any applicable subscription fees.

Publishers have the authority to set prices for their content and may change the prices at their sole discretion through their Publisher account. However, price changes will not be retroactively applied.

In the event of a dispute between a Reader and a Publisher, StartSpace is not obligated to intervene, except to direct inquiries regarding a Publisher's content to the appropriate Publisher as outlined in the Publisher Agreement. For more information on StartSpace's relationships with Publishers, please refer to the Publisher Agreement.

Terminating Your Account

StartSpace reserves the right to terminate or suspend your use of StartSpace, or your account, at our discretion, for any reason. We will make an effort to provide advance notice before terminating your account so that you can retrieve any important Posts you have uploaded. However, we may not do so if we determine it would be impractical, illegal, pose a safety or security risk, or harm the rights or property of StartSpace.

You also have the option to delete your account at any time. To do so, simply visit your account page. Please note that deleting your account will result in the deletion of any associated Posts. However, if you have made any Posts public, they may still be available.

Please be aware that it may not be possible to completely remove your content from StartSpace's records or backups, and copies of your Posts may remain viewable elsewhere if they were copied or stored by other users. Refer to our Privacy Policy for more information on how we handle your information after you stop using StartSpace.

Certain obligations outlined in these Terms will continue to apply even after you terminate your account. The following terms will survive termination: any obligation to pay or indemnify us, limitations on our liability, terms regarding ownership or intellectual property rights, terms concerning disputes between us, and any other terms that, by their nature, should survive the termination of these Terms.

If you have accidentally deleted your account, please contact us immediately at info@startspace.com. While we will make an effort to assist you, we cannot guarantee the recovery or restoration of your account or its contents.

Privacy on StartSpace

We take your privacy seriously. For the most up-to-date StartSpace Privacy Policy, please refer to the provided link.

The Dutch Law on the Protection of Personal Data (Wet bescherming persoonsgegevens) requires online service providers to obtain parental consent before knowingly collecting personally identifiable information from children. We do not knowingly collect or solicit personally identifiable information from children under 16. If you are under 16, please refrain from registering for StartSpace or providing any personal information. If we become aware that we have collected personal information from a child under 16, we will promptly delete it. If you believe that a child under 16 may have provided us with personal information, please contact us at info@startspace.com.

Changes to StartSpace

We continuously strive to enhance StartSpace, which may result in changes to our products and services over time. We may suspend or discontinue any part of StartSpace, introduce new features, impose limitations on certain features, or restrict access to parts or all of StartSpace. While we aim to provide notice of material changes that could adversely affect you, this may not always be possible or practical.

Changes to the Terms

As we work to improve our products and services, the Terms may need to be modified to align with StartSpace's evolution. We reserve the right to change the Terms at any time. If we make changes, we will notify you through website notices, emails, or other means.

If you do not agree with the new Terms, you are free to reject them. However, this means you will no longer be able to use StartSpace. By continuing to use StartSpace after a change to the Terms has been made and notice has been provided, you agree to the updated Terms.

Except for changes made by us as outlined above, no other amendments or modifications to these Terms will be effective unless they are in writing and signed by both parties.

Violations of the Terms

Failure to comply with any of these Terms constitutes a breach, which may result in the immediate termination of your account. StartSpace reserves the sole right to determine whether you have violated any of the restrictions outlined in these Terms.

Miscellaneous Terms

The sections below address less frequently asked questions about StartSpace:

• Indemnification: To the fullest extent permitted by applicable law, you agree to indemnify and hold StartSpace, its affiliates, officers, agents, employees, and partners harmless from any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or related to third-party claims arising from (a) your use of StartSpace (including actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will make an effort to notify you using the contact information associated with your account (please note that failure to deliver such notice will not relieve you of your indemnification obligations).
• Assignment: You may not assign, delegate, or transfer these Terms, your rights or obligations, or your StartSpace account without our prior written consent. We reserve the right to transfer, assign, or delegate these Terms, as well as our rights and obligations, without requiring your consent.
• Choice of Law: These Terms are governed by and will be interpreted under the applicable laws of the Netherlands, without considering its conflicts of laws provisions.
• Arbitration and Class Action Waiver: Any dispute arising from or relating to these Terms will be finally settled through arbitration in accordance with the rules and procedures of the Netherlands Arbitration Institute (NAI), by one or more arbitrators appointed in accordance with said rules. The arbitrator's decision may be entered as a judgment in a court with jurisdiction. However, both you and StartSpace retain the right to seek injunctive or other equitable relief from a court while awaiting the arbitrator's final decision. For all matters relating to these Terms, you consent to the exclusive jurisdiction and venue of the competent courts located in the Netherlands. The prevailing party in any action or proceeding related to these Terms will be entitled to recover costs and attorneys' fees. To the maximum extent permitted by law, you and StartSpace agree that all claims must be brought in an individual capacity and not as part of a class, consolidated, or representative proceeding. Furthermore, arbitrators are not authorized to conduct any class, consolidated, or representative proceeding and can only provide relief for individual claims.
• No Third-Party Beneficiaries: These Terms do not confer any rights or benefits to third parties.
• No Joint Venture: You acknowledge and agree that you are not an employee, agent, partner, or joint venture of StartSpace. You do not have any authority to bind us in any way.
• Waiver: The failure of either party to exercise any right granted in these Terms shall not be deemed a waiver of any further rights.
• Severability: If any provision of these Terms is deemed unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary, while the remaining provisions will remain in full force and effect.
• Entire Agreement: These Terms constitute the complete and exclusive understanding between you and StartSpace, superseding all prior written or oral agreements, communications, and other understandings regarding the subject matter covered by these Terms.