Terms of service

Terms of Service

Version: August, 2018

Crolinq is the simplest way to have your video end with a webpage. We offer a free service (“Crolinq Regular”) as well as a subscription pro service (“Crolinq Pro account”) , including additional features and functionalities (together: the “Services”).

The Services are provided to you, the user of the Services, by Crolinq (“Crolinq”, a product of “info@crolinq.com”, “We”, etc.), with its main office at Bruistensingel 112, 5232 AC den Bosch, the Netherlands, registered at the Dutch Chamber of Commerce under 60969210.

1. Applicability

1.1

Please read the Terms of Service fully. If you use our Services, you agree to the Terms of Service, HYPERLINK "https://wetransfer.com/legal/takedown"NTD Policy and HYPERLINK "https://wetransfer.com/legal/privacy"Privacy & Cookie Statement. Privacy, cookies and illegal content are hot topics; they’re so important they had to go into our privacy statement.

1.2

If the Services include services of third parties, the terms and conditions, notice and take down policies and/or privacy and cookie policies may apply. Crolinq is not responsible for these services, terms and/or policies.

1.3

Crolinq can amend the Terms of Use from time to time. Crolinq recommends that you review the Terms of Service from time to time and take note of any changes. By continuing to use the Services you accept any change made to the Terms of Service.

1.4

These Terms of Service supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and Crolinq.

1.5

Clause 2 regards the use of Crolinq Regular only. Clauses 3, 4 and 5 regard the use of Crolinq Pro Account.

2. Crolinq

2.1

Crolinq is free from registration and charge.

2.2

If you use Crolinq, we will show you full-page wallpaper ads from advertisers and artists selected by us.

2.3

Crolinq provides the possibility to have your video end with a webpage in an online environment. You can find the HYPERLINK "https://wetransfer.zendesk.com/hc/en-us/articles/202603886-How-many-GB-can-I-upload-" \n _blankcurrent limitations on the Crolinq website.

2.4

Uploaded links are stored and available on Crolinq’s servers for a limited period of time and will expire automatically after. You will be notified of the expiration date in the confirmation email sent to you.

2.5

After the expiry period mentioned in clause 2.4, Crolinq will permanently delete the uploaded links. These links will not be available nor retrievable anymore.

3. Crolinq Pro

3.1

Crolinq pro provides a subscription service that a.o. - compared to Crolinq Regular - allows you to use videos longer than 15 seconds and keep links stored for the duration of your Pro subscription. In addition, Crolinq pro provides you with additional features that Crolinq may change or expand from time to time.

3.2

Crolinq offers an annual subscription. The subscription fee for the respective subscription terms can be found on the Crolinq HYPERLINK "https://wetransfer.com/plus"website.

3.3

To use Crolinq pro, you must register for an account on the Crolinq pro HYPERLINK "https://wetransfer.com/plus"sign up page, by filling in your personal details, e-mail address, password and payment method and details. Should registrations appear to be untruthful; Crolinq holds the right to delete the account.

3.4

In case of any changes in personal details, you are requested to update the information in your profile immediately.

3.5

We may change the content of the Crolinq pro services or the subscription fee from time to time. Any price changes will apply to you no earlier than one month following our notice to you.

4. Crolinq pro payment conditions

4.1

The initial subscription term starts once you have registered and the fees due have been paid in full.

4.2

Depending on the subscription term chosen, the fee for the subsequent Services and any other charges you may incur in connection with your use of the Services will be charged (per billing term) within the week prior to the calendar day corresponding to the anniversary date of your subscription.

4.3

Depending on the payment method you use, the issuer of the payment method may charge you certain fees relating to the processing of your payment.

4.4

You acknowledge that the amount billed each subscription period may vary for reasons that may include but are not limited to differing amounts due to promotional offers or changes in the amount of applicable sales tax or exchange rate, and you authorize Crolinq to charge you for such varying amounts. Crolinq notifies you via the email address you provided us when the payment of your (next) account fee has been charged.

4.5

You can change your payment method in HYPERLINK "https://wetransfer.zendesk.com/hc/en-us/articles/115002404306-How-to-change-your-payment-method"your account settings.

4.6

Crolinq may suspend or cancel the Services to you if a payment is not successfully settled, for instance in case of insufficient funds, expiration of credit cards, changed payment details or otherwise.

5. Term and cancellation of Crolinq pro subscription

5.1

The subscription period will be renewed automatically for the selected subscription period, unless you have set it to renew manually, or if you have cancelled your subscription in time in accordance with this clause.

5.2

You may deactivate your subscription at any time. To do so, deactivate ‘automatic renewal’ in your HYPERLINK "https://wetransfer.com/account"account settings or send an e-mail to Support.

5.3

In case of cancellation, you will continue to have access to the Services until the end of your paid subscription period. You do not have any right to reimbursement of (part of) the subscription fee, unless local mandatory consumer law obliges to do so.

For instance: if the date of commencement of your annual subscription is 2 February and you cancel your subscription on 17 October, your subscription will continue until 2 February the year after.

5.4

Upon cancellation (and after the end of your subscription period) or if a payment is not successfully settled (for instance due to expiration or insufficient funds), your account will be deactivated. You will then not have access to your personal data, address book and any links stored for transfer. You can reactivate your subscription at any time in your account settings by making payment within four weeks after deactivation. Your subscription will then be renewed as from the day of reactivation.

5.5

If you do not reactivate your subscription within the term set out in clause 5.4, your pro features including your personal content, settings, address book and any links stored for transfer will be automatically and permanently deleted.

6. Confidentiality

6.1

Any file transfer between you and recipients is treated confidentially. Crolinq does not provide any public search function, catalogue or listing to find links that would be available. As a pro user you can search your own links.

6.2

Crolinq will not look into your links, unless this is necessary and in line with our Privacy & Cookie Statement, for instance to provide you with (technical) support on your request or if we are by law obliged to do so.

6.3

You acknowledge that links can be forwarded and - whoever is passed on or has access to a link can share the links. In case of a Pro account, they can also embed the link on any site they themselves have acces to. You acknowledge that once you have received a link or embed-code from Crolinq, Crolinq is no longer responsable for where or when the links and or codes are used.

7. Link ownership, permissions and responsibility

7.1

Crolinq does not claim any ownership of the contents of the links you obtain through our Services. You are fully and solely responsible and accountable for the links you obtain through our Services.

7.2

By using our Services you guarantee that you have, for each link, all required permissions, including from copyright and other intellectual property rights holders, to distribute, transfer, store and/or make available online as part of our Services.

7.3

Crolinq is not liable to you or any third party for any damages arising out of the content shared by you.

8. Restrictions

8.1

Crolinq respects your rights and expects that you respect those of Crolinq, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence and business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit or promote, enable or facilitate unlawful or criminal acts or violations of these Terms of Service or facilitate or promote others to do so.

8.2

As a condition to make use of the Services you agree not to transfer, distribute or store any links or use any wallpapers that:

feature child pornography;

are obscene, defamatory, libellous, slanderous, profane, indecent or unlawful,

promote racism, violence or hatred;

are factually inaccurate, false, misleading or deceptive;

you don’t have the right to copy and/or transfer;

infringe, violate or misappropriate intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;

infringe on or violate any applicable law or regulation;

constitute ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group, and/or;

facilitate or promote gambling, or the sale or use of liquor, tobacco products or illicit drugs.

8.3

In addition, you agree not to:

impersonate or falsely pretend affiliation with any person or entity;

access any non-public areas of the Crolinq website or Services;

send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;

attempt to probe, scan, compromise or test the vulnerability of the Crolinq website or Services or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy.

9. Violation of the Terms of Service

9.1

Crolinq reserves the right to investigate, provide to third parties, (temporarily) block and/or remove from its servers, without warning, any links, wallpapers and/or accounts or to block anyone from accessing any part of the Crolinq website or Services, when Crolinq ascertains, at their own discretion or after receiving substantiated and valid complaints, that you violate these Terms of Service or act in violation of any applicable law or regulation.

9.2

When a personal pro profile is used in violation of these Terms of Service and/or any applicable law or regulation, Crolinq reserves the right to investigate and/or remove, without warning, any content you display on your Crolinq pro account or Crolinq pro personal profile channel, or block anyone from accessing your Crolinq pro account or Crolinq pro personal profile.

10. Intellectual property rights

10.1

All intellectual property rights and/or similar rights to the (content and design of the) Crolinq website, including the software, wallpapers, photography, graphic design, typography, portraits and logos, as well as trademarks, copyrights and trade names featured on wallpapers used within the Services, are vested in Crolinq or its licensors.

10.2

Crolinq supports the design industry. A large number of the wallpapers, including photography, graphic design, typography, portraits and logos, as well as trademarks and tradenames featured on wallpapers used within the Services, are the intellectual property of their respective rights holder.

10.3

You are not allowed to copy, reproduce, make available online to the public, sell or reuse anything from the Crolinq website, including the wallpapers in any way without the permission of the rights holder. Crolinq is not responsible or liable for the contents of wallpapers, in-ad links to external websites or the contents, products or services offered on external websites. You accept that all use outside the Crolinq website is at your own risk.

10.4

You will always respect and observe the good name and reputation of Crolinq and ensure that its use of the Crolinq website and the Services will in no way prejudice any rights and/or the good name and reputation of Crolinq and its licensors.

11. Disclaimer

11.1

Crolinq provides its Services “AS-IS”, without warranty of any kind. Without limiting the foregoing, Crolinq explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Crolinq makes no warranty that the Services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that Crolinq is not responsible for any damages to your computer system or the computer system of any third party that result from use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or content contained in a file.

12. Indemnity and Liability

12.1

You will defend, indemnify and hold harmless Crolinq, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms of Service, including any third party claims that Crolinq submitted to the Services by you or through your account infringe or violate any third party rights.

12.2

Crolinq is not liable for any damage or personal injury resulting from any use of the Crolinq website or Services. The limitation of liability referred to in this clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of Crolinq. In the event Crolinq is liable for damage under mandatory law, Crolinq’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed one hundred euro (€100) per incident.

13. Indemnity and Liability

13.1

These Terms of Service are governed by Dutch law. These Terms of Service will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

13.2

Any disputes regarding these Terms of Service will be submitted to the Court that has jurisdiction under Dutch law.

Contact

You can contact Crolinq at info@crolinq.com. If you have any questions, just send us an email in English.