Terms of Service

Introduction

1. These Terms of Service apply to the use of the website www.datacenterplatform.com (“Datacenterplatform” or “Website”). By using Datacenterplatform, you (“End-User”, or “you”) agree to the Terms of Service. If you do not wish to agree to the Terms of Service, we advise you to immediately cease any further use of the Datacenterplatform.
2. Datacenterplatform is owned and operated by DGTE B.V., (“DGTE”), a company with limited liability being established and existing under the laws of The Netherlands, having its registered office at Hoofdweg 18, 3646AX Waverveen.
3. We advise you to read these Terms of Service carefully so that you are aware of your rights and obligations when using the Datacenterplatform.

General

1. DGTE has developed a website which is an online database of the ecosystem of data center companies and organizations (“Content”). The service of the Datacenterplatform consists of making the Content accessible through the Website in under the name ‘Datacenterplatform’. You obtain access to Datacenterplatform through your account (“Account”).
2. If you comply in full with all obligations pursuant to these Terms of Service, DGTE will grant you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to use Datacenterplatform, including the Content.
3. These Terms of Service apply, to the exclusion of your terms of conditions, to all agreements between you and DGTE and every use made of Datacenterplatform via your Account.
4. DGTE may, at all times, amend these Terms of Service. The most up-to-date Terms of Service can always be found on the Website. Continued use of the Datacenterplatform after any such changes shall constitute your consent to the changes. If you do not wish to agree with the amended Terms of Service, we advise you to immediately cease any further use of the Datacenterplatform. 
5. Additions to and/or deviations from these Terms of Service are only valid when confirmed in writing by DGTE.

Service and Availability

1. To the best of its ability, DGTE will make efforts to provide Datacenterplatform with due care. DGTE may use subcontractors or third party licensors to provide Datacenterplatform.
2. Each and every use of Datacenterplatform is for your own risk and responsibility. You accept that Datacenterplatform, including the Content, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”).
3. Datacenterplatform is at all times entitled, without prior announcement and without incurring any liability:
   – to make procedural and technical alterations and/or improvements to the Content and/or Datacenterplatform; and
   – to (temporarily or permanently) discontinue, limit or terminate Datacenterplatform or your Account. DGTE will notify you of the temporary unavailability or restricted use of Datacenterplatform insofar as reasonably possible.

Account and Subscriptions

1. To use the Datacenterplatform, you must create an Account by following the registration process on the Website. You warrant that all information you provide to Datacenterplatform, including the information you provide during registration is accurate, complete and up-to-date at any time. You warrant that you have reached the age of 16 years, or that you have permission of your parent and/or guardian to create an Account.
2. Upon registration of the Account you receive and/or create identifiers in order to obtain access to the Account. You are responsible for keeping the identifiers secret. As soon as you know or have reason to suspect that the identifiers are no longer secret, or that the Account is being abused, you must notify Datacenterplatform immediately and take all necessary steps to prevent unauthorized access. Datacenterplatform is not liable for any loss or damage of unauthorized access or use of your Account.
3. An End-User must obtain personal identifiers to access the Account. The End-User is the person or legal entity that has a subscription for the use of Datacenterplatform. If the subscription terminates, for whatever reason, End-User’s right to access and/or use Datacenterplatform will be terminated automatically.
4. It is not permitted to:
   – create more than one (1) free Account.
   – create an Account for another natural person or legal entity.
   – provide access to the Account to another natural person or legal entity.
   – create more identifiers for End-Users’ Account than licensed by Datacenterplatform.
   – create an Account by “bot” or any other automated method, Account creation is solely permitted to humans.

Your Obligations

1. You may not resell, distribute, or in any other way make profit using the Content of Datacenterplatform.
2. You are not permitted to use Datacenterplatform for a purpose as listed below or make Content – including all information, data or material – available: which, at the discretion of Datacenterplatform, is discriminating or is otherwise deemed hurtful, offensive or inappropriate;
   – in which personal data is made available, other than in compliance with applicable law;
   – which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent technical protection measures of Datacenterplatform, the Content and/or the computer systems of Datacenterplatform;
   – which infringes the rights of Datacenterplatform and/or third parties, including but not limited to IP-rights or rights concerning the protection of privacy;
   – which qualifies as or transmits unwanted or unsolicited material or content (spam);
   – is contrary to these Terms of Service or any applicable laws or regulations, is in any other manner unlawful or which could prejudice the interests and reputation of Datacenterplatform.
3. DGTE reserves the right, without prior notice, to abridge, alter, refuse and/or remove Content if this is necessary in DGTE’s opinion, without this resulting in any liability.

Intellectual Property Rights

1. Datacenterplatform’s intellectual property rights – including but not limited to copyrights, database rights, tradename rights, and the Content (“IP rights”) – are held by Datacenterplatform or its licensors. Nothing in the Terms of Service is intended to or shall transfer any of Datacenterplatform’s IP rights to you.
2. You retain all IP rights to the content you provide directly to Datacenterplatform. However, by making available or uploading Content to Datacenterplatform you automatically grant Datacenterplatform a royalty-free, worldwide, sub-licensable and transferrable right to use this Content insofar as is related to Datacenterplatform.
3. You warrant that you hold all the rights relating to the Content and fully indemnify Datacenterplatform of any infringement claims regarding the Content.
4. Save to the extent that it is allowed by mandatory statutory law, you may not reproduce or decompile the Content or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of Datacenterplatform and/or the Content is not allowed.

Term and Termination

1. Your Account is for an indefinite period of time. You can terminate your Account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple “no questions asked”-cancellation link. You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation.
2. In the event the Account is terminated, there will be no reversal of that which Datacenterplatform has already delivered. You will not receive any refunds as a result of termination.
3. Upon termination of the Account, Datacenterplatform shall immediately make the Account inaccessible to you. Datacenterplatform may delete the Content saved into the system and has no obligation to restore the Content or assist in any data conversion.
4. Datacenterplatform may, without prior notice and without becoming liable to you, terminate your Account with immediate effect if you in any way violate these Terms of Service.

Liability

1. DGTE does not accept any liability for damages resulting from an attributable failure in the performance of Datacenterplatform and/or on account of an unlawful act or otherwise, where this is permitted under mandatory law.
2. If DGTE is liable for damage on whatever ground, DGTE shall be liable solely for direct damage suffered by you up to an amount not exceeding that of your payments to Datacenterplatform in the three (3) months preceding the event that caused the damage.
3. Any liability on DGTE’s part for indirect loss, including but not limited to consequential loss, loss and/or damage of data, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
4. The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Datacenterplatform or its managers (“own actions”).
5. No right to damages shall exist unless you notify Datacenterplatform in writing of the damage promptly after it has arisen. Any claim for damages against Datacenterplatform shall become extinguished by the mere lapse of one (1) month after the claim has come into being.
6. DGTE is released from all contractual obligations and liability (e.g. for damages) if DGTE’s performance is prevented or effected by force majeure or force majeure of DGTE’s subcontractor.

Warranties and Indemnifications

1. The enumerations of guarantees and indemnifications in this article are not exhaustive.
2. Datacenterplatform does not guarantee:
   – Datacenterplatform’s fitness for a particular purpose or that Datacenterplatform shall meet any of your requirements;
   – that Datacenterplatform shall be available to you at all times and without interruptions or disturbances;
   – that the results of Datacenterplatform are accurate, up to date or complete; or
   – that Datacenterplatform does not infringe the (IP) rights of you or a third party;
3. Datacenterplatform is not responsible for:
   – the purchase and/or the proper operation of your infrastructure;
   – loss, damage, inaccuracy and/or incompleteness of any Content.
   – transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet;
   – any unauthorised use or attempted use of Datacenterplatform;
   – making backup copies of any Content; or
   – the management, including checking the settings, the use of Datacenterplatform and the manner in which the results of Datacenterplatform are used.
4. You guarantee that you will not use Datacenterplatform and/or the Content in a way that: infringes the rights of Datacenterplatform or third parties, including but not limited to IP rights or rights in relation to the protection of privacy; is contrary to any current legislation or regulations; or is contrary to any provision in these Terms of Service.
5. You guarantee that, if you register an Account on behalf of a company or other legal entity, you have the authority to bind such entity, its affiliates and all End-Users who access Datacenterplatform through your Account to these Terms of Service. You indemnify Datacenterplatform against all damages and costs it incurs of which result from unauthorized registration.
6. You indemnify Datacenterplatform against all damage and costs, including “ but not limited to “damage resulting from (alleged) infringements of IP-rights, claims by third parties, collection costs, the statutory commercial interest, loss of profits, penalties incurred and legal fees, which Datacenterplatform incurs or which result from (i) attributable breach of the Terms of Service by you, (ii) any use of Datacenterplatform by you or (iii) an unlawful act.

Miscellaneous

1. Datacenterplatform may transfer rights and obligations arising from these Terms of Service to third parties and will notify you of this. You are not permitted to transfer to third parties any right derived from an Account without Datacenterplatform’s prior written consent.
2. These Terms of Service and the use of Datacenterplatform are governed by Dutch law.
3. To the extent that national or international rules of law do not prescribe otherwise as mandatory, any disputes that arise or are related to agreements concluded subject to these Terms of Service, or arise therefrom, will solely be submitted to the competent court in Amsterdam.

Questions about the Terms of Service should be sent to support@datacenterplatform.com