Welcome to the BestofAmsterdam.com website, which is provided solely to assist customers in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums and for no other purposes. Hereafter the term “website” refers to BestofAmsterdam.com, furthermore, the terms “we”, “us”, “our” and “Best of Amsterdam” refer to the Dutch corporation Best of Amsterdam, Dutch Chambers of Commerce Trade Register number 69636923. The term “you” refers to the customer visiting the Best of Amsterdam website and, or contributing content on this website.
Best of Amsterdam is not a booking agent or a tour operator, and as such does not charge any service fees to users of our site. For your convenience, Best of Amsterdam calculates average prices for services and products (tours, travel packages or deals listed etcetera) that serve only as a reference for you, and in no way guarantee specific rates or prices. Furthermore, Best of Amsterdam makes no guarantees for availability of prices advertised on our site as listed prices may require a stay of a particular length or have blackout dates, qualifications or restrictions.
USE OF THE WEBSITE
As a condition of your use of this website, you warrant that:
- All information supplied by you on this website is true, accurate, current and complete;
- If you have a BestofAmsterdam.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; and
- You are 13 years of age or older in order to register for an account and contribute to our website. Best of Amsterdam does not knowingly collect the information of anyone under the age of 13.
We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website. Additionally, you agree not to:
- Use this website or its contents for any commercial purpose;
- Access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this website;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of this website for any purpose without our express written permission; or
- “Frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Best of Amsterdam in connection with the website or the services.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you! Please be aware that by submitting content to this website by electronic mail, postings on this website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “submissions”), you grant Best of Amsterdam and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to:
- Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised; and
- Use the name that you submit in connection with such Submission. You acknowledge that Best of Amsterdam may choose to provide attribution of your comments or reviews at our discretion.
You further grant Best of Amsterdam the right to pursue at law any person or entity that violates your or Best of Amsterdam’s rights in the submissions by a breach of this Agreement. You acknowledge and agree that submissions are non-confidential and non-proprietary. The website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the website (“interactive areas”). If Best of Amsterdam provides such interactive areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any interactive areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Best of Amsterdam;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the interactive area(s) in which such content is posted; or
- Content or links to content that, in the sole judgment of Best of Amsterdam, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the interactive areas or the website, or (d) which may expose Best of Amsterdam or its affiliates or its users to any harm or liability of any type.
Best of Amsterdam takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Best of Amsterdam liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Best of Amsterdam is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area. Although Best of Amsterdam has no obligation to screen, edit or monitor any of the content posted to or distributed through any interactive area, Best of Amsterdam reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you post or store on the website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that:
- You do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto;
- You have no objection to the publication, use, modification, deletion and exploitation of the content by Best of Amsterdam or its licensees, successors and assigns;
- You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and
- You forever release Best of Amsterdam, and its licensees, successors and assigns, from any claims that you could otherwise assert against Best of Amsterdam by virtue of any such moral rights.
INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND TRADEMARK NOTICES
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Best of Amsterdam, its suppliers or providers.
Best of Amsterdam exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure, photo’s, texts and other content) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Best of Amsterdam. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
BEST OF AMSTERDAM, the compass logo and all other product or service names or slogans displayed on the website are registered and/or common law trademarks of Best of Amsterdam and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Best of Amsterdam or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Best of Amsterdam.
Best of Amsterdam strives to publish quality information as a service for visitors to Amsterdam. Despite our best intentions the information, software, products and services published on our website may include inaccuracies or errors. Best of Amsterdam, its subsidiaries and corporate affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, restaurant, air, cruise, tours and any other (travel) products displayed on this website, including, without limitation, the pricing, photographs, list of hotel amenities, characteristics of restaurants, shops or service providers and general product descriptions etcetera.
Best of Amsterdam makes no representations about the suitability of the information, software, products and services contained on our website for any purpose, and the inclusion or offering of any products or services by Best of Amsterdam. All such information, software, products and services are provided “as is”, without warranty of any kind. Best of Amsterdam disclaims all warranties and conditions that this website, its servers or any e-mail sent from Best of Amsterdam, are free of viruses or other harmful components. Best of Amsterdam hereby disclaims all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.
Any reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Best of Amsterdam. The user shall determine whether the information, content or advertisements on these pages complies with the user’s needs.
In no event shall Best of Amsterdam (its officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this website; any computer viruses, information, software, linked websites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Best of Amsterdam has been advised of the possibility of such damages. Furthermore, Best of Amsterdam is under no circumstances liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information, content or advertisement or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Best of Amsterdam.
You agree to defend and indemnify Best of Amsterdam and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein;
- Your violation of any law or the rights of a third party; or
- Your use of this website.
LINKS TO THIRD-PARTY SITES
BestofAmsterdam.com may contain hyperlinks to websites operated by parties other than Best of Amsterdam. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Best of Amsterdam to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.