Terms

TRVL Magazine BV is a company that publishes content on digital devices. TRVL Magazine is published weekly and covers travelling spots around the globe.

TRVL Magazine can be downloaded from the App Store (iTunes Store). This means that the terms and conditions of the iTunes Store (www.apple.com/legal/itunes/ww/) are applicable to the purchase of TRVL Magazine. Supplemental to these terms and conditions, the terms of use as given below are applicable as well (furthermore referred to as: “Terms of Use”) . We advise you to read these Terms of Use carefully.

TRVL Magazine BV is owned by PRSS Holding BV, a Netherlands based publishing company, and is listed in the Dutch Commercial Register of the Chamber of Commerce, n° 52471543. TRVL is one of her trade names and as such registered as a trade mark by the parent company PRSS Holding BV. In these Terms of Use the company is referred to as “TRVL” and all TRVL Publications and Products as “TRVL Publications”.

Clause 1 About these Terms of Use

1.1 In these Terms of Use the words “we”, “us” and “our” refer to TRVL. The words “you” and “your” refer to the person or entity that acquires a copy or copies of TRVL Publications by downloading them from the App Store or through other media.
1.2 By downloading TRVL Publications and/or using other services provided by TRVL, you accept and agree to be bound, without modification, limitation or qualification, by the iTunes Store Terms and Conditions and these Terms of Use. The applicability of any other terms and conditions (or terms of use) is excluded.
1.3 We reserve the right to update the Terms of Use at any time without any notice. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the colophon of the TRVL App publications as well as the TRVL website: www.trvl.com and other related websites (furthermore referred to as: the Websites).

Clause 2 Subscription

2.1 In order to purchase some TRVL Publications you can subscribe to through the iTunes Store. With the subscription you enter into an agreement with the iTunes Store, that is to say: the legal entity behind the iTunes Store (furthermore referred to as: “the iTunes Store”). To the subscription the terms and conditions of the iTunes Store are applicable. We do not take any responsibility nor accept any liability whatsoever for concluding, terminating or executing the subscription agreement between you and the iTunes Store.
2.2 To subscribe, your name, e-mail address and zipcode are required by the iTunes Store. To the processing of these personal data, the privacy policy of the iTunes Store is applicable. We are neither responsible nor liable for the processing of these data by the iTunes Store.
2.3 For some TRVL Publications a fee can be charged. Fees are due as from the day of confirmation of the purchase. Payments take place through the iTunes payment account, which means that the iTunes Terms and Conditions are applicable to all payments. TRVL declines any responsibility for any claim, miscommunication or miscalculation concerning the payment or collection of the subscription fees.

Clause 3 Intellectual Property Rights

3.1 TRVL Publications, App pages and Websites, contain material protected by intellectual property rights under the laws of The Netherlands as well as other countries. You may view and download a copy of the (contents of) TRVL Publications solely for personal and non-commercial use. Neither the availability of, nor anything contained within TRVL Publications, App pages and Websites shall be construed as conferring any license, under any of TRVL’s or any other party’s intellectual property rights, whether explicitly or by implication.
3.2 It may occur that material has been licensed under a Creative Commons license. If so: TRVL will endeavour to add this information to every work to which it applies. Please note that you may only use this material under the (combination of) conditions as attributed by the original author. Clause 3.3. as well as clause 8 of these Terms of Use are explicitly applicable to the licenses as meant in this clause.
3.3 The use of the contents of TRVL Publications, App pages and Websites, or any portion thereof in any other publication (whether electronic, digital or otherwise) without express prior written permission of the owner of the intellectual property rights is strictly prohibited. The trade marks, logos and service marks displayed on our App pages and on our Website are owned by TRVL and/or third parties. You may not use these marks without the express prior written permission of TRVL or such third party.
3.4 You agree to indemnify and hold harmless TRVL from and against any damages, costs and expenses, including legal and accounting fees, incurred in connection with any claims, actions and demands alleging from infringing intellectual property rights of TRVL or others.

Clause 4 Personal data and Privacy

4.1 For the provision of TRVL Publications and other services (such as the possibility of leaving comments), several personal data are processed by us, such as your name, your e-mail address and your zip code. These data are used by us to provide you with information about our other products and services.
4.2 The processing of personal data by TRVL is governed by the Dutch Data Protection Act and our Privacy Policy. As legally required, the processing has been filed at the Dutch Data Protection Authority (DPA). For further inquiry about the processing of personal data you can visit DPA’s website: http://www.dutchdpa.nl/Pages/home.aspx.

Clause 5 Ambassador Program

5.1 We invite you to enter into our Ambassador Program or other simular programms. As an Ambassador you will be given access to special pages where you can join other Ambassadors in discussions about TRVL and TRVL Publications.
5.2 TRVL does not screen the communications between TRVL Ambassadors in advance, since the Ambassador is responsible for his or her own communications as well as responsible for the consequences of the posting. However, we wish to retain the right to interfere in case of communications or information:
  • that violates or infringes the rights of others;
  • that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to others;
  • that are in fact advertisements of solicitations of business which does not lie within the scope of the services provided by TRVL;
5.3 This clause also applies to other media and devices which TRVL may provide and which may enable you to leave any comments or other information concerning TRVL, TRVL Publications and/or its services.

Clause 6 Warranties and liability

6.1 We can in no way be held responsible for inaccessibility of (parts of) the App and TRVL Publications or advertisements for whichever reason, since this is beyond our functional and technical reach. We therefore do not warrant that the App and TRVL Publications operate error free, continuously or without interruption.
6.2 The information in TRVL Publications, advertisements, as well as the information on our App pages and Websites, are provided on an “as is” basis without any warranties of any kind. The information may contain inaccuracies or typographical errors. We do not issue any guarantees with respect to the accuracy, reliability, completeness or the temporary nature of the information and/ or communications.
6.3 Except as expressly set out in these Terms of Use, we are not liable to pay damages for using the App or the information in TRVL Publications or any damages and losses caused by delays, interruptions, inaccurate information or content, or any other wrongful, unlawful or unreasonable activity by third parties (including, but not limited to, the Apple Company), unless such direct damages are caused by wilful misconduct or gross negligence of employees of TRVL. Under no circumstances TRVL accepts liabililty for indirect of consequential loss, such as loss of profits, business, costs, expenses or any other form of economic or personal loss.

Clause 7 Advertising

7.1 We offer the possibility to place advertisements in TRVL Publications, on our App pages, our Websites or any other medium TRVL may introduce. All ads – in whichever form and through whichever medium - are subject to these Terms of Use, notably to this clause.
7.2 If you wish to advertise through TRVL, we may offer you an additional agreement, which agreement will contain supplementary provisions. In the event of contrariety between the contents of the additional agreement and these Terms of Use, the additional agreement shall prevail.
7.3 All advertisements will be reviewed by TRVL and are subject to our approval. TRVL reserve the right to refuse or cancel any advertising at any time for any reason.
7.4 The advertiser represents and warrants that all rights, including but not limited to any intellectual property rights, arising out of, or relating to, advertising material are either owned by the advertiser or the advertiser has full consent from the owner(s) of the intellectual property rights to allow TRVL to transmit such advertising. The advertiser or the advertising agency through whom the advertiser places advertisements, hereby agrees to defend, indemnify and hold harmless TRVL from any claims, damages and expenses arising out or relating to any breach of contract or infringement of these rights.
7.5 TRVL disclaims any and all warranties, whether expressly or implied with regard to its advertising services. In no event TRVL shall be liable for any consequential, incidental, direct, indirect, special, punitive or any other damages arising of an advertising agreement, whether this agreement is written or oral. Under no circumstance TRVL’s liability for any error concerning the advertisement services of TRVL shall exceed the amount due or paid for the advertisement.
7.6 Payment of an advertisement shall be due in full 30 days as from receipt of the invoice. Cancellations of reserved advertisement space within a period of 30 days prior to the date of planned publication will incur a penalty of 25% of the total cost of the advertisement. All cancellations must be in writing (which includes email, only if sent to the proper email address).

Clause 8 Applicable law and dispute regulation

8.1 To all services and products provided by TRVL the laws of The Netherlands are applicable.
8.2 All disputes will be adjudicated exclusively by the competent court in Amsterdam, The Netherlands.
8.3 In the event that any stipulation of these Terms of Use is declared void or otherwise not binding by a competent court, the remaining stipulations will remain unimpaired.

These Terms of Use are issued on 1 January 2012 and come into effect on the same date.