Article 1 Definitions
Dutch Exchange B.V.(DX Exchange): registered with the Dutch Chamber of Commerce under number 39097915 and the supplier of the Services. 1.2User: a natural person with whom or entity with which Dutch Exchange B.V. has concluded an Agreement or a User of the Services. 1.3 Services: Dutch Exchange B.V. makes point-of-sale terminals available within Second Life for the User with which the User is able to withdraw Linden Dollars, in which context Linden Dollars can be purchased and sold via Dutch Exchange B.V.. The User will obtain his/her own account with Dutch Exchange B.V. for that purpose. 1.4 Linden Dollars: the virtual money in Second Life. 1.5 Linden Lab Conditions: the guidelines and policies of Linden Lab with respect to Second Life: http://secondlife.com/policy. 1.6 Agreement: the General Terms and Conditions of Dutch Exchange B.V. and the User’s registration via the Website. 1.7 Party: any Party to the Agreement. 1.8 Second Life: a virtual world that has been created by Linden Lab. 1.9 Website: Dutch Exchange B.V.’s website: www.dxexchange.com. 1.10 General Terms and Conditions: these General Terms and Conditions.
Article 2 Applicability
2.1 The General Terms and Conditions govern the Agreement between Dutch Exchange B.V. and the User. 2.2 The General Terms and Conditions also govern any use of the Website by the User. 2.3 The applicability of any other general terms and conditions is excluded unless the parties explicitly agree otherwise.
Article 3 Communication
3.1 The version of any communication that Dutch Exchange B.V. has received or has saved will constitute evidence of the communication in question unless the User provides evidence to the contrary.
Article 4 Conclusion of the Agreement
4.1 Statements made by Dutch Exchange B.V. with respect to its making the Services available constitute an invitation to make an offer. The Agreement is concluded by means of the User’s completing the electronic registration process on the Website. 4.2 Dutch Exchange B.V. is entitled to refuse a User without stating its reasons for doing so.
Article 5 Description of the Services
5.1 During the term of the Agreement Dutch Exchange B.V. will provide the Services to the User. The User will be able to manage his account via the Website using his username and password. 5.2 Dutch Exchange B.V. will make every effort to optimise the security that has been realised. 5.3 Dutch Exchange B.V. is entitled to modify the software in respect of the Services from time to time in order to improve the functionality and correct errors. If a modification will lead to a considerable change in the functionality, Dutch Exchange B.V. will inform the User before the change occurs. Because the Services are provided to numerous Users it is not possible to forego a particular change only for the User. Dutch Exchange B.V. is not obliged to pay any compensation for damage caused by modifications to the Services.
Article 6 Conditions for use of the Services
6.1 The User must comply with the Linden Lab Conditions. 6.2 If Dutch Exchange B.V. becomes aware of any misuse of the Linden Dollars that are purchased or sold, Dutch Exchange B.V. will take immediate measures to block access to the Services, at Dutch Exchange B.V.’s discretion. Under no circumstances will Dutch Exchange B.V. be liable for any damage caused by such measures. 6.3 The User must keep secret the usernames and passwords that Dutch Exchange B.V. provides. Dutch Exchange B.V. is not responsible for any misuse of usernames and passwords and is entitled to assume that a User who logs into his/her account actually is the User. The User is required to notify Dutch Exchange B.V. if the User suspects that the usernames or passwords have been obtained by unauthorised parties. Dutch Exchange B.V. will be entitled to take appropriate measures in such cases. 6.4 The User must immediately inform Dutch Exchange B.V. electronically of any change to his/her name, e-mail addresses and other details that are relevant in respect of the provision of Services by Dutch Exchange B.V.. 6.5 The User must refrain from any unauthorised use of the Services and act in accordance with standards that Dutch Exchange B.V. can expect of a diligent User of the Services. 6.6 Without prejudice to its other rights under the law or pursuant to the Agreement, Dutch Exchange B.V. reserves the right to suspend its obligations towards the User or to dissolve the Agreement if the User acts, or is reasonably suspected of acting, contrary to the provisions contained in these General Terms and Conditions or the Linden Lab Conditions; Dutch Exchange B.V. will not be obliged to pay any compensation in this respect.
Article 7 Maintenance
7.1 Dutch Exchange B.V. reserves the right to temporarily suspend the Services for the purpose of maintenance of or modifications or improvements to the Services and Dutch Exchange B.V.’s web servers. Dutch Exchange B.V. will make effort to ensure that such suspensions of the Services take place outside business hours and to inform the User in a timely manner of the planned suspension of the Services. Under no circumstances will Dutch Exchange B.V. owe the User any compensation as a result of such a suspension of the Services.
Article 8 Support
8.1 The User can report disruptions and submit questions in the manner indicated by Dutch Exchange B.V.. Dutch Exchange B.V. will make every effort to respond to questions adequately and within a reasonable term.
Article 9 Rates/payment
9.1 All rates indicated on the Website are subject to typographical errors. No liability will be accepted in the event of any typographical errors. 9.2 Dutch Exchange B.V. reserves the right to change the rates at any time. Notification of such changes will be given on the Website’s blog at least one (1) month before they enter into effect. A User who does not wish to accept such changes may terminate the Agreement effective from the date on which the change enters into effect. 9.3 Notwithstanding the provisions contained in the preceding subsection, Dutch Exchange B.V. may change the exchange rate of the Linden Dollar and the euro and the costs related to each payment method without any prior notice. 9.4 The transaction charges indicated on the Website are deemed to be the fee for the Services that Dutch Exchange B.V. provides to the User.
Article 10 Intellectual property rights
10.1 All intellectual property rights in respect of all software under the Agreement or made available in respect of the Services, including the Website, and any related preparatory materials vest exclusively in favour of Dutch Exchange B.V. or its licensors. The User will obtain only a user right that is non-exclusive and non-transferable and powers that are explicitly granted under these Terms and Conditions or otherwise; the User may not otherwise duplicate or make copies of the Services or other materials. 10.2 The User is not permitted to remove from the software or change any statements regarding copyrights, trademarks, trade names or other intellectual property rights. 10.3 Dutch Exchange B.V. is permitted to take technical measures in order to protect the software related to the Services. If Dutch Exchange B.V. has secured its software by means of technical protection methods, the User may not remove or avoid such security.
Article 11 Liability
11.1 Under no circumstances is Dutch Exchange B.V. liable for any indirect damage that the User or third parties sustain, including consequential damage, loss of turnover and profit, loss of data or damage due to publication and immaterial damage. 11.2 Dutch Exchange B.V.’s liability towards the User, on any grounds whatsoever, is limited in respect of each incident (in which context a series of related incidents will be deemed to be one incident) to a maximum amount equal to the amount in euros of the Linden Dollars that have been purchased or sold, including transaction charges. 11.3 The User indemnifies Dutch Exchange B.V. against any claims brought by third parties on any grounds whatsoever in respect of compensation of damage, costs or interest in connection with the Agreement and/or the Services. 11.4 The preceding subsections of this Article will not apply if and insofar as the damage in question was caused by an intentional act or omission or wilful recklessness on the part of Dutch Exchange B.V..
Article 12 Force majeure
12.1 In the event of force majeure, which in any event includes internal civil commotion, mobilisation, war, gridlock, strikes, lockouts, business interruptions, supply delays, fire, flood and import and export hindrances, or in the event that Dutch Exchange B.V., for whatever reason, is prevented from supplying by its own suppliers and as a result cannot reasonably be required to comply with the Agreement, the performance of the Agreement will be suspended or the Agreement will be terminated without that giving rise to any obligation to pay compensation.
Article 13 Term and termination
13.1 The Agreement is entered into for an indefinite period of time and may be terminated only in the manner indicated in these General Terms and Conditions. 13.2 A Party can terminate the Agreement with due observance of a notice period of one (1) month. Notice of termination may be given without any obligation to state the reasons or provide substantiation. 13.3 If either Party fails to comply with any obligation that arises for it under any Agreement properly, within a stipulated term or otherwise in a timely manner, that Party will be in default and the other Party will be entitled to dissolve the Agreement in whole or in part without any notice of default being required, without prejudice to the other rights of the Party that dissolves the Agreement and without that Party owing any compensation. 13.4 In the event of dissolution or termination within the meaning of the preceding articles, the following obligations will continue to apply after the Agreement has ended: outstanding payments; intellectual property rights; and liability. Those obligations will continue to apply as long as Dutch Exchange B.V. is reasonably entitled to claim their continued existence.
Article 14 Confidentiality
14.1 The Parties undertake to keep confidential all confidential information that they receive from the other Party. The Parties will also impose this obligation on their employees and on third parties that they engage in the performance of the Agreement between the Parties. 14.2 Information will in any event be deemed confidential if either of the Parties has designated it as such.
Article 15 Amendments to the General Terms and Conditions
15.1 Dutch Exchange B.V. reserves the right to amend or supplement these General Terms and Conditions. 15.2 Amendments will also apply in respect of Agreements that have already been concluded, with due observance of a term of 30 days after the notification of the amendment on the Website or by electronic notification. Minor amendments may be made at any time. 15.3 If a User does not wish to accept an amendment to these General Terms and Conditions, until the date on which the new Conditions will enter into effect he/she may dissolve the Agreement, effective from that date or as at the date on which the notice of termination is received if that date is after the date on which the amendment has entered into effect.
Article 16 Final provisions
16.1 The Agreement is governed by Dutch law. 16.2Changes in the management or legal form will not affect the Agreement. 16.3Insofar as mandatory provisions of law do not provide otherwise, any disputes that arise further to the Agreement will be submitted to the competent Dutch court in Amsterdam, the Netherlands. 16.4 Partial nullity In the event that any provision contained in the Agreement and/or the General Terms and Conditions is null and void, that will not affect the validity of the Agreement/General Terms and Conditions as a whole. The Parties will agree on a new provision/provisions that are as close as possible to the intention of the original Agreement/General Terms and Conditions to every extent possible under the law. 16.5 These General Terms and Conditions have been drawn up in Dutch, English and German. The Dutch text will be binding in the event of any dispute regarding the content.
Contact details
If you have any questions, complaints or comments about the General Terms and Conditions after reading them, please do not hesitate to contact us in writing or by e-mail.
Dutch Exchange B.V. De Paal 1-6 1351 JA, Almere the Netherlands
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