General terms and conditions

General

Tiny Tale is an online platform intended for storing and revisiting moments in a child’s life. Tiny Tale consists of an Internet website and a smartphone application. Parents using Tiny Tale can store photographs, films and other digital material (such as drawings, writing efforts or audio fragments) of their children and share these with their ‘inner circle’ (such as relatives and close friends). The digital material is stored automatically in a personal Tiny Tale account. The material is presented in chronological order on a timeline. Parents can make their own subdivisions into subjects such as ‘birthday’, ‘holiday’, ‘sports’ and/or ‘others’.

Through both the Internet website and the smartphone application, parents can invite persons they consider part of their inner circle. In this way, the inner circle obtains access to their child’s digital material. Only persons invited by the parents have access to the child’s Tiny Tale profile. A strict privacy policy is applied.

If desired, a notification will be sent when new material is added, enabling the inner circle to immediately view this material and respond.

Article 1 – Definitions

In these general terms and conditions of use, the following terms are defined as stated below:

  • “Provider”: The private limited liability company ‘Tiny Tale B.V.’, which owns and manages Tiny Tale;
  • “Tiny Tale Account”: Personal digital platform or profile on which the main user can place digital material of his or her child;
  • “Main User”: The person who opens or creates a Tiny Tale Account and uses that account;
  • “Sub-User”: The person who is invited by the Main User and is granted full or partial authorisation to use the Main User’s Tiny Tale Account;
  • “User”: Main User and Sub-User together;
  • “Parties”: Provider and User;
  • “Use”: All acts which the Main User and/or Sub-User are authorised to perform, such as viewing the digital material placed in the Tiny Tale account and/or adding digital material to the Tiny Tale account;
  • “Website”: The Tiny Tale website, which can be accessed via www.tinytale.com and the smartphone application, as well as in other ways;
  • “Content”: All graphic images, photographs, text, sound, music, videos, audiovisual combinations, interactive elements, computer software, scripts and any other materials that are published on or via the Website, or can be downloaded or uploaded by a Main User or Sub-User;
  • “Services”: All services which the Provider makes available via the Website, such as consulting the Website and downloading and uploading Content.

Article 2 – Applicability

2.1 By registering on the Website or by using the Provider’s Services, including the mobile applications, the User declares that he/she has read and understood these terms and conditions of use and agrees to be bound by all its provisions.

2.2 If, at any one time, one or more provisions in these general terms and conditions are partly or fully null and void or partly or fully nullified, the other provisions of these general terms and conditions will remain fully applicable.

2.3 In the event of uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be ‘in the spirit’ of these provisions.

2.4 If the Provider does not always require strict compliance with these terms and conditions, this will not mean that the provisions detailed therein do not apply, or that the Provider would lose the right to any degree to require strict compliance with these terms and conditions in other cases.

Article 3 – Services and Use

3.1 The User warrants to the Provider that he/she is at least 18 years old and is authorised to use the Services and act in accordance with these terms and conditions of use. In addition, the User warrants to the Provider that the obligations arising from these conditions of use will be fulfilled.

3.2 Main Users are only permitted to use the Services via their own Tiny Tale Account.

3.3 Sub-Users are only permitted to use the Services via a Tiny Tale Account if and insofar as these Sub-Users have been invited and/or authorised by the Main User of the Tiny Tale Account concerned.

3.4 Without prejudice to the other provisions of these terms and conditions of use, the Use which the User makes of the Services:

  • may not be based on falsehoods and/or be misleading;
  • may not infringe any rights of the Provider or third parties, including copyrights, trademark rights or any other intellectual property rights or privacy rights;
  • may not be contrary to any law, order, by-law or other applicable regulation;
  • may not contain any viruses, Trojan horses, worms, bots or other software which could damage, make unusable or inaccessible, delete or appropriate digital work or data, or which are intended to by-pass technical security measures of the Website and/or the Provider’s computer systems;
  • may not be directed at obtaining unauthorised access to the Website and/or the Provider’s computer systems and databases;
  • may not have a commercial character, unless the Provider has consented to this in writing;
  • may not otherwise be unlawful in any way towards the Provider and/or a third party.

Article 4 – Tiny Tale Account

4.1 The User warrants to the Provider that the information which he/she places on the Website and/or the information which he/she supplies to the Provider (including personal data such as name and e-mail address) is complete and correct. The User agrees that the Provider will store and may use his/her data in managing the Tiny Tale Account.

4.2 The responsibility for keeping the password for the Tiny Tale Account secret rests with the User.

4.3 The User is responsible and liable for any and all acts performed via the Tiny Tale Account. If there is a suspicion that the Tiny Tale Account is used unlawfully, either by a User or by a third party, the User must notify the Provider of this immediately. In such a situation, the Provider will be entitled to take all measures it considers necessary to protect the Website and the other Users of the Services. The User will be obliged to cooperate in this.

4.4 A Tiny Tale Account may be terminated by the Main User at any time.

4.5 A Sub-User may deregister from a Tiny Tale Account of the Main User at any time.

4.6 The Main User may deny a Sub-User the Use of his/her Tiny Tale Account at any time and block the Use of his/her Tiny Tale Account by the Sub-User either in part or in full.

4.7 In addition to the other remedies and resources available to the Provider, the Provider will be entitled at all times, without stating its reasons and without a prior explanation, to (temporarily) restrict, suspend or terminate the provision of one or more Services to the User, to discontinue and/or remove the Tiny Tale Account either temporarily or permanently, to remove Content and/or issue a warning, in particular – but not exclusively – in the event that:

  • the User acts in breach of these terms and conditions of use;
  • the Provider believes that the User’s acts may cause harm to other Users or to the Provider. Under no circumstances will the Provider be liable for this.

Article 5 – Intellectual property and copyright

5.1 The Provider reserves the rights and powers to which it is entitled by virtue of the Copyright Act and other intellectual legislation.

5.2 The Provider reserves the right to use the knowledge obtained through the performance of its activities for other purposes.

Article 6 – Force majeure

6.1 In addition to the meanings given in statutory law and case law, in these general terms and conditions of use force majeure is understood to mean all external causes, whether or not foreseen, which are beyond the Provider’s control but which prevent the Provider from fulfilling its obligations.

6.2 In the event of force majeure, the execution of the Services will be suspended for as long as the force majeure situation prevents the Provider from executing the Services, without the Provider being obliged to pay the User any compensation.

6.3 If the force majeure is permanent, the Provider will be entitled to cease its Services permanently without being obliged to pay the User any compensation.

Article 7 – Liability

7.1 The Provider excludes all liability towards the User, unless the User proves that any damage occurring arises from the Services, caused by wilful misconduct and/or gross negligence on the part of the Provider.

7.2 The Provider does not accept any liability towards parties other than the User.

7.3 The Provider will never be liable for consequential damage, loss of profits, missed savings or any other type of (indirect) damage.

7.4 The Provider monitors the Content and applies a strict privacy policy. Nevertheless it may happen that a (different) User places factually incorrect, offensive, indecent or unsavoury Content on the Website. The User expressly agrees that the Provider does not bear any liability in this respect.

7.5 The Services are made available in their present condition. Despite the constant care and attention which the Provider devotes to the Content and composition of the Services, it does not give any guarantees as regards their completeness, correctness or reliability, and does not warrant that the Services will be available at all times and without interruptions, breakdowns or faults, that defects will be repaired at all times, or that the Website and the server on which it runs are free from viruses and other infectious and/or harmful files. The User agrees that the Provider is not liable for loss of or damage to the User’s computer, data or computer and telecommunication systems caused by the Use of the Services.

Article 8 – Indemnification

8.1 The User indemnifies the Provider against any claims from third parties that sustain or have sustained damage in connection with the Use of the Tiny Tale Account.

8.2 The User indemnifies the Provider against any claims from Sub-Users that sustain or have sustained damage in connection with the Use of the Tiny Tale Account.

Article 9 – Use of Tiny Tale name and/or pictorial trademark

9.1 The User may only use the name Tiny Tale and any other names and (pictorial) trademarks that are or may reasonably be associated with Tiny Tale and/or the Provider in (promotional) communications with the Provider’s written consent.

Article 10 – Amendments

10.1 The Provider has the right to adjust the Services and these general terms and conditions of use at any desired moment, without notifying the User. The amended general terms and conditions of use will take effect at the moment they are published on the Website.

10.2 The Provider’s further growth and development may give rise to a situation in which a transfer takes place of (parts of) the enterprise ‘Tiny Tale B.V.’. In the event of such a transfer, the data of Users will be transferred as well. In that case the Provider will inform the User about the data transfer.

Article 11 – Applicable law and choice of forum

11.1 Dutch law will apply, to the exclusion of any other legal system, to all matters concerning the Services and these general terms and conditions of use.

11.2 Any disputes arising from the Services and/or these general terms and conditions of use will be settled by the competent judge of the Midden-Nederland District Court.