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Nutzungsbedingungen

1. General use of the platform

1.1. Sweek is a mobile publishing platform allowing writers to upload content and readers to access and read this content. The Sweek platform entails the Sweek Android app, iOS app, web platform and affiliated platforms.

1.2. These Terms apply to all users of the Sweek website and applications, including users that contribute content, interact with other users, consume content or use the platform in any other way.

1.3. You must be 13 years of age and older to use Sweek.

1.4. You agree not to distribute on any other medium any part of the Sweek website and applications, including but not limited to other user’s content, without Sweek’s prior written authorization.

1.5. We reserve the right to discontinue any part of Sweek at any given moment.

1.6. You agree not to use the Sweek platform for any commercial use, without the prior written authorization of sweek.com. Prohibited commercial uses include any of these actions taken without sweek.com express approval:

  • use of Sweek or its related services for the primary purpose of gaining advertising other than your content on Sweek or products directly related to that;
  • the sale of advertising, targeted to the content of user content or sweek.com content;
  • and any use of the platform or its related services that sweek.com finds, in its sole discretion, to use Sweek resources or user submissions with the purpose of competing with the market for sweek.com, its content and user submissions.

2. Account

2.1. In order to access full functionalities of the Sweek platform, you need to create an account on Sweek.

2.2. You must provide accurate and complete information when creating an account.

2.3. You are solely responsible for the activity of your own account.

2.4. You may never use another's account without permission.

2.5. You must notify Sweek immediately of any unauthorized use of your account or breach of security.

2.6. Sweek is not liable for the losses caused by any unauthorized use of your account.

2.7. Sweek reserves the right to decide whether user content is appropriate and complies with our Terms of Service and Community Guidelines. Sweek may remove such user content and thus terminate a user's account at any time, without prior notice.

3. User content

3.1. User content: Sweek users with an account can submit textual, visual, or audiovisual content. Content that is uploaded by these users is referred to as ‘user content’ in this agreement and other Sweek documents.

3.2. You can access user content 1) for personal use 2) as expected by the features of the Sweek platform 3) within the boundaries of this agreement: noting that all content (both user content and content created by Sweek) falls under the agreement

3.3. You agree not to submit any content that is in violation with our community guidelines or contrary to applicable local, national, and international laws and regulations.

3.4. You keep all of your ownership rights of your user content. You’re also welcome to post content on Sweek that you’ve published elsewhere, as long as you have the rights to do so. By posting user content on Sweek, you acknowledge and accept that it cannot conflict with any other agreement you have made. However, submitting content to Sweek, you hereby give Sweek a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display on the Sweek website, Sweek applications and affiliated platforms of Sweek for the purpose of promoting user content and the Sweek platform.

3.5. You grant other users a license to access (view) and interact with your user content.

3.6. If you delete your account, some of your content may be retained.

3.7. If you submit feedback, you allow us to use it without restriction or compensation.

4. Copyright policy

4.1. Sweek content (excluding user content): software, text, photos, design and logos are owned or licensed by Sweek B.V. and subject to copyright and intellectual property. Content on Sweek website is provided for your information and personal use only and may not be downloaded, copied, modified, reproduced, distributed, transmitted, displayed, sold, translated, published, performed or exploited for any other purposes without the prior written consent of Sweek. Sweek reserves all the rights although not specifically stated in the Sweek website and applications.

4.2. You agree that you will not submit material that is copyrighted, or subject to third party proprietary rights, unless you are the owner of such rights or have permission from the rightful owner and consent from any individuals whose personally identifiable information is contained in such material to post the material and to grant Sweek all of the license rights.

4.3. Sweek does not tolerate copyright infringing activities and infringement of intellectual property rights and will remove all user content if it violates these conditions. Sweek reserves the right to remove user content without prior notice.

5. Security

5.1. We take security very seriously, but we cannot guarantee that unauthorized third parties can’t defeat our security measures. Immediately notify us when your account has been compromised.

5.2. You are responsible for safeguarding your password.

5.3. You are responsible for activity on your account.

5.4. You agree not to launch automated systems, including robots, spiders, offline readers or any other automated systems harming the Sweek system, except if you are a public search engine for the purpose of creating a necessary indexation of Sweek materials. Sweek reserves the right to revoke the permission.

5.5. You agree not to gather personal information, including but not limited to email address, username, full name, location and password for any purpose.

5.6. You agree not to contact Sweek users for any commercial purposes without our consent

5.7. You agree not to interfere with security-related features of the Sweek website and applications.

6. Third party links

6.1. Other users can upload links to their website which are not controlled by Sweek. We do not take responsibility for those websites/software etc. Using them is on your own risk. Sweek will not and cannot censor/edit content on third-party sites.

7. Indemnity

7.1. If you breach our terms as a business for commercial purposes, you agree to be responsible for any liabilities, legal costs, damages etc. we may encounter.

8. Disclaimers

8.1. Our services/products don’t come with any kind of warranty (take ‘as is’). Sweek specifically disclaims any and all warranties arising from using the Sweek platform. Sweek is not liable for any damages, including loss of incomes, good-will, or any other tangible and intangible losses, resulting from the use of our services or unauthorized use by a third party, to the maximum extent permitted by law.

8.2. We take care in displaying correct and complete information on our platform. When this information accidentally turns out to be incorrect or incomplete, Sweek is not liable for any damages. We reserve the right to change or add information on the Sweek platform without prior or post notice.

8.3. Although we take care (notice and takedown procedure) to remove any content violating our Terms of Use or Community guidelines and to avoid abuse, Sweek is not responsible for and assumes no liability for any user generated content or interaction on our platform. This responsibility lies solely with the creator of the content. You agree that you may be exposed to inappropriate or inaccurate content

8.4. The Sweek platform is designed to have optimal uptime. Sweek is not liable for any damages resulting from malfunction of the offered functionality, downtime or attacks from hackers. We will do our utmost best to limit the downtime or malfunction of our platform.

9. Notice & Take Down (NTD)

9.1. Sweek follows the international behaviour code of Notice & Take Down (NTD)

9.2. Any user is entitled to file a complaint regarding content on the Sweek platform that is (supposedly) unlawful, criminal and/or not in line with our community guidelines, with the request to remove such content.

9.3. When filing a complaint, a user needs to inform Sweek in a complete manner, including but not limited to the following: contact information of user, title of or link to content to be checked and a description explaining why the content is unlawful, criminal and/or not in line with our community guidelines.

9.4. Sweek will consider the complaint within two weeks upon receiving it, after which Sweek will contact the user. The following actions may be taken:

9.4.1. Sweek contacts the creator of the content and decides with the creator how to resolve the matter, after which Sweek will contact the user who filed the complaint.

9.4.2. Sweek will request the creator of the content to contact the user who filed the complaint (only when the user has given permission), with the aim that the creator and user can mutually agree on a solution. Sweek will act as a mediator.

9.4.3. Sweek removes the content when it is clear the filed complaint was justified. Sweek will inform the user filing the complaint.

9.4.4. Sweek will take no action, if it’s not deemed necessary, after which Sweek will contact the user who filed the complaint.

9.5. Announcements involving a search warrant regarding a criminal offense will be verified by Sweek at the applicable official institution.

10. Governing law and jurisdiction

10.1. Disputes are settled in Dutch court

10.2. You agree to first contact us to resolve a conflict internally and informally.

11. Disclaimers

11.1. Our services/products don’t come with any kind of warranty (take ‘as is’). Sweek specifically disclaims any and all warranties arising from using the Sweek platform. Sweek is not liable for any damages, including loss of incomes, good-will, or any other tangible and intangible losses, resulting from the use of our services or unauthorized use by a third party, to the maximum extent permitted by law.

11.2. We take care in displaying correct and complete information on our platform. When this information accidentally turns out to be incorrect or incomplete, Sweek is not liable for any damages. We reserve the right to change or add information on the Sweek platform without prior or post notice.

Although we take care (notice and takedown procedure) to remove any content violating our Terms of Use or Community guidelines and to avoid abuse, Sweek is not responsible for and assumes no liability for any user generated content or interaction on our platform. This responsibility lies solely with the creator of the content. You agree that you may be exposed to inappropriate or inaccurate content

11.3. The Sweek platform is designed to have optimal uptime. Sweek is not liable for any damages resulting from malfunction of the offered functionality, downtime or attacks from hackers. We will do our utmost best to limit the downtime or malfunction of our platform.
These Terms of Use, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Sweek in connection with our products and services, shall constitute the entire agreement between you and Sweek concerning the products and services.

11.4. No Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Sweek's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.