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We have updated our User Agreement and Privacy Policy. Changes will be effective as of 25/10/2012.
Translation in progress.

Loquo Website Terms and Conditions

INTRODUCTION. Welcome to our Website. These terms apply to the services available on http://www.loquo.com (hereinafter, the "Website"). By accessing this Website, you accept the following terms, including those that can be accessed in the relevant links in the "Additional Terms" section, which is included below and forms an integral part of these terms of use (hereinafter the "Terms of Use") established by Marktplaats BV (hereinafter, "LoQUo" or "Us"), with taxpayer identification number 803.603.307.B.01, Registration Number 28058712, and registered office at Wibautstraat 224-2, 1097 DN Amsterdam, Holland (the Information Society Services Provider of this Website). These Terms of Use enter into force on 25/10/2012.

USE OF THE WEBSITE. You must place your advert in the relevant area or category and shall refrain from:

  • Breaking the law or breaching our rules or our Prohibited Content Policy;
  • Making false statements or misleading statements
  • Infringing the rights of third parties
  • Distributing or facilitating unrequested communications (e.g. "spam" or junk mail), chain letters or lucrative pyramid schemes
  • Distributing viruses or other computer programs (including, without limitation, malware, adware or spyware) that could cause damage to LoQUo or to the property or interests of Website's users
  • Carrying out activities that impose an unreasonable burden on our infrastructure or otherwise interfere in the correct functioning of the Website
  • Copying, modifying, processing or distributing the contents of another user
  • Using robots, spiders, scrapers or any other automatic media to access the website and remove content for any purpose without our express written content
  • Storing or in any way collecting the personal data or information of third parties without their consent, including email addresses
  • Circumventing , evading, avoiding or "hacking" measures used to prevent or restrict access to the Website
  • Publishing adverts that do not meet minimum quality standards.

This list is not exhaustive, and we therefore reserve the right to remove any content that is incompatible with the valid policies of the Website and/or which violates the security of the platform or of other users, without prior warning or notification.

MISUSE OF THE WEBSITE. To help us ensure the proper functioning of the Website, we ask users to use the "flagging" or "marking" system to inform us of any problems or offensive content that they may observe. We may restrict or shut down our service, remove the content hosted therein and adopt technical or legal measures to exclude users from LoQUo if we believe that they are causing problems or acting in a manner contrary to the spirit or form of our policies, regardless of any payments that they may have made to use the Website or its supplementary services. However, whether or not we decide to withdraw a user's access to the Website and, unless LoQUo has effectively become aware of the existence of any illegal content-as this is defined in the legislation in force-and failed to act expeditiously to withdraw it, we accept no liability for the legality of the content published or derived from the surveillance of the Website.

GLOBAL COMMUNITY. Some functions of the Website permit your advert to be shown on other sites that form part of the eBay global community. By using this Website you accept that your adverts may be shown on such sites and that they may be automatically translated for this purpose. The terms and conditions applicable to such sites are similar to these terms; however, you will be bound by the legislation and limitations of the countries in which your advert is published. If you decide to allow your advert to be published on other sites, you will be responsible for ensuring that such advert does not infringe the policies and terms of such sites. Any adverts that you publish on our site may be removed by us if they have been marked using the aforementioned "flagging" system or if we consider that they cause problems or infringe any law or policy.

RATES AND SERVICES. Use of the Website is usually free. However, certain services are subject to a charge. If you use a service that has an associated charge, you must review and accept the conditions thereof. These will appear when you submit your advert. Our rates are charged in euros and may be updated from time to time. We will inform you of any change in our rates by publishing them on our Website. Such changes will enter into force immediately and will be applicable to any new adverts that you publish on the Website. We may change our rates for promotions or new services. Any such changes will enter into force on the date indicated in the communication announcing the promotion or new service.

Charges are not reimbursable. You are responsible for promptly paying all applicable rates and taxes arising in relation to the use of our Website and services, using a valid method of payment. In the event of problems with your method of payment or failure to pay the relevant rates, we reserve the right to collect any amounts owed via other collection mechanisms. We may engage the services of debt collection agencies or adopt legal measures for this purpose. This means that you will have to pay the amount owed, plus any legally-established late-payment interest.

CONTENT. This Website hosts our own content, as well as your content and that of other users. The Website is protected by intellectual property laws and related international treaties. Content that is shown on or via the Website is protected as a collective work and/or compilation, in accordance with the intellectual property laws and related international treaties. You agree not to use, copy, amend or distribute the content of this Website that is subject to intellectual or industrial property rights, copyright or trademarks. You agree not to copy, distribute or amend the content of this Website or our patents and brands. You will not disassemble, decompile, reverse engineer, modify, or attempt, by any means, to obtain any source code in relation with the website and its content. In providing us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, free, sub-licensable and assignable right to exploit the aforementioned content (including, without limitation, the right to reproduce, distribute, publicly communicate, adapt and modify such content as well as to make it available to the public) and we may therefore use it in any media and via any method of exploitation. We reserve the right to withdraw content where there are signs that they breach these terms of use or the rights of third parties.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS. You agree not to publish any content that infringes the rights of third parties. This includes, without limitation, content that infringes intellectual property rights such as copyright or trademarks (for example, sale of fake products). The legal owners of intellectual property rights, particularly the owners of copyright, trademarks, or any other third party rights, may report such infringements. If you wish to report an advert on the Website that you think infringes your intellectual property rights and request its withdrawal, please follow the steps below. Only the legal owners of intellectual property rights can report articles or adverts that could potentially infringe their rights via the programme for notification and withdrawal from the Website. If you believe an advert on this Website infringes your copyright, trademark or intellectual property rights, simply fill in the Infringement Notification Form (PDF) and send it to us by fax. Once we have received the first form, the Website will confirm your participation in our programme and we will send you instructions on how to send us more reports electronically in the future. If a legal representative of an authorised party reports such infringements to us in an appropriate manner, products that breach intellectual property rights will be withdrawn by our departments.

LIABILITY. Except in cases where LoQUo has effectively become aware of the existence of illegal content-as this is defined in the legislation in force-and has not acted quickly to remove it, we accept no liability with respect to content uploaded or actions committed by other users. Most of the content on this Website is uploaded by other users and we cannot guarantee the correctness or accuracy of content uploaded or communications issued by them, nor can we guarantee the quality, security or legality of what is offered on the Website. Neither can we guarantee continued and secure access to our services. Therefore, to the extent permitted by Law, we exclude all implied warranties. We accept no liability for loss of money, goodwill or reputation, or for any kind of special direct or consequential damage that may arise as a result of the use of LoQUo by the User. Some countries do not accept these kinds of warranty and damage exclusions, which means that they may not apply to you. If you use this site as a consumer, no clause of these Terms of Use may exclude or restrict the liability of LoQUo in any way, nor shall the warranty disclaimer or exclusion of damage clause established by LoQUo in these Terms of Use apply to you, except in cases of unforeseeable circumstances, force majeure or liability of a third party liability or yourself.

Notwithstanding the foregoing, our liability with respect to you and third parties is restricted to the greater of: (a) the total price that you have paid us during the twelve months prior to the action that gave rise to liability, or (b) the sum of one hundred euros (¤100).

PERSONAL DATA. By using this Website, you give your consent for Marktplaats BV (the "Data Controller") to collect, transfer, store and use your personal data on servers located in the United States and the European Union, as described in greater detail in our Data Protection Policy (which is deemed to be included in these Terms of Use by reference). You also agree to receive promotional communications from us, unless you have expressly told us that you prefer not to receive such communications.

ADDITIONAL TERMS. The following policies form an integral part of these Terms of Use and give details of supplementary terms and conditions related to the services offered on the Website:

  • Privacy Policy
  • Prohibited Content Policy

GENERAL. These terms and the rest of the policies that govern the Website (hereinafter, the "Agreement") constitute the entire agreement between you and Marktplaats BV, and supersede any other prior agreement. This Agreement is governed by the laws of Holland and is subject to the jurisdiction of the Courts of Amsterdam (Holland). The aforementioned jurisdiction shall not apply where you are a consumer, and applicable consumer law establishes a different jurisdiction (such as the law of your country of residence) for certain matters. Failure by us to enforce a specific provision shall not constitute a waiver of our right to do so in the future. In the event that a court strikes down any of these terms, the remaining terms hereof shall subsist. We may automatically assign this Agreement, at our own discretion, in accordance with the notice provision below. With the exception of notifications relating to illegal content or content that infringes intellectual or industrial property rights, all notifications that you send us must be sent by registered post to:
Marktplaats BV

Wibautstraat 224-2

1097 DN Amsterdam

Holland

Subject: [name of Website] - User Inquiries

Any notifications sent by us will be sent to the email address that the user has provided or by registered post. We reserve the right to amend these Terms of Use at any time. Amendments to these general Terms of Use shall take effect upon the first of the following two events: (a) publishing by you of your first advert after the amendment has been made, or (b) when fifteen (15) days have elapsed from the date of such amendment (whichever occurs first). No other amendment to this Agreement shall take effect unless drafted in writing and signed by the user and by us. Please submit any questions, comments or complaints to Customer Services.

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