1. What is ROOM for thought?
ROOM for thought is a free mobile phone application that is aimed at increasing the enjoyment of users in taking photos with their mobile phone and saving cherished moments. ROOM for thought offers the possibility of taking a photo every day and saving it on ROOM for thought’s server, either in a private folder or to share them via a public folder. It is possible to add location information and a caption to the photo.
ROOM for thought is a trade name of ROOM for thought B.V., having its principal place of business at Herengracht 3 2, 1015 BA Amsterdam, the Netherlands . ROOM for thought B.V. is registered in the commercial register of the Chamber of Commerce under number 59380020.
2. What information does ROOM for thought collect and process?
ROOM for thought collects and processes data for two reasons: in order to operate the app as described above, under 1, and for promotional, non-commercial purposes.
ROOM for thought endeavours to process as few user details as possible. Wherever possible, the only link that our servers make with the photos, stored by our users, is the code that is unique to the app on your mobile telephone.
It is possible to add a caption and location information to each photo; this data will be linked to the unique app code on your mobile phone, in addition to date and time.
If a user links the ROOM for thought app to their Twitter or Facebook account, their account details will be processed and linked to the unique app code on your mobile phone as well.
Promotional, non-commercial purposes
ROOM for thought is authorised to use any photos, captions, date and location details placed by the users in the public folder for non-commercial purposes and to publish or otherwise process these for this purpose.
To guarantee the correct use of our ROOM for thought application (“App”) we have drawn up a number of conditions (“Conditions”). By using the App, you agree to these Conditions. We request that you read them properly so that you are aware of your rights and obligations. We may revise the Conditions at any time. You can always find the latest Conditions in the App or they will be sent to you via a hyperlink. In any case, you will be advised of any revision. If you use the App after the Conditions have been revised, you thereby agree to the revision.
1. Our service
ROOM for thought asks you to take a photo at a random time every day. You can add a caption to this Photo and then upload it to your private album and, if you wish, the public album. This allows you to build up a collection of photo moments which, if you wish, you can share with other users. Other users cannot see photos in your private album, but they can see photos that you share in the public album. You can always indicate whether a photo is public or private. Your photos are stored on the servers of ROOM for thought’s hosting provider, where they are linked to a code that is unique to the App on your mobile telephone. If you also want to store the photos in your mobile telephone’s camera roll, you can adjust the settings in your mobile telephone. You can also link ROOM for thought to your Facebook or Twitter account so that photos taken with the App do not get lost if you lose your telephone.
2. Rights to photos and other information
If you use the App to take photos and add captions to them, you yourself hold and continue to hold the rights to these photos and captions (“Content”). Your Content remains your Content. If you place your Content in a private folder, ROOM for thought will never use it other than to make it possible to use the App. If you place your Content in the public folder, you also authorise ROOM for thought to use the Content for purposes of non-commercial marketing and promotion of the App itself:
• by placing Content in the App, you grant ROOM for thought a free-of-charge, worldwide, irrevocable, sub-licensable and transferrable right of use for any and all use in connection with the operation of the App.
• by placing Content in the public folder you grant ROOM for thought a free-of-charge, worldwide, irrevocable, sub-licensable right to use (or to allow third parties to use) the Content (reproduction, distribution and communication to the public) for purposes of marketing and/or promoting the App in any media whatsoever. In this regard you waive all moral rights listed in section 25 of the Dutch Copyright Act (Auteurswet).
3. Secure use
Our intention is that ROOM for thought provides a service that makes it more enjoyable for users to photograph cherished moments. To guarantee this positive characteristic of the App, we have drawn up a number of rules:
• it is not permissible to place Content that violates the law or infringes the rights of others or, in ROOM for thought’s opinion, is contrary to standards of decency and good taste.
• the App may not be used for commercial purposes.
• use of the App in a manner that could disrupt its operation is not permitted.
• ROOM for thought is at all times entitled to remove Content if ROOM for thought is of the opinion that such Content is contrary to the above rules, without ROOM for thought being obliged to provide any further explanation in this regard.
4. Notification of unlawful Content
If you find Content in the public folder that, in your opinion, is contrary to the rules for secure use, you can notify ROOM for thought of this by using the “flag” function under the photo. ROOM for thought may then decide whether or not to remove the Content. At no time is ROOM obliged to pro-actively screen the public folder for possible unlawful or infringing Content.
5. Rights of ROOM for thought
All intellectual property rights regarding the App as well as the texts, photos and animations (not Content) that are accessible via the App are vested in ROOM for thought. • Purely for personal, non-commercial purposes, ROOM for thought grants you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferrable right to access and use the App insofar as this is necessary in relation to the App.
• It is not permissible to perform any acts that could infringe ROOM for thought’s intellectual property rights, such as registering domain names, trademarks or Google AdWords that are similar or identical to any item to which ROOM for thought has intellectual property rights, downloading, copying, altering, reverse-engineering or communicating the App to the public for any purposes other than those referred to in these Conditions, or to request or re-use substantial parts or to repeatedly and systematically request or re-use non-substantial parts of the App (including the public folder).
7. Free App
ROOM for thought endeavours to offer an App of the best quality which provides enjoyment to as many users as possible. ROOM for thought does this free of charge. To enable us to continue offering the App free of charge, the following conditions apply:
• ROOM for thought does not provide any guarantees about the App. The App might not be (properly) accessible at times. In addition, it might not be safe or function (fully).
• ROOM for thought is not liable for any loss of Content. If you wish to manage your own Content, we recommend that you save it locally and/or link your albums to your Facebook or Twitter account.
• Use of the App is at your own risk. You indemnify ROOM for thought against any and all damage that arises as a result of your use of the App.
• ROOM for does not accept any liability for damage to property, financial loss or any other harm or loss connected to the use of the App insofar as this is permitted under mandatory law. In any event, ROOM for thought is at no time liable for consequential damage, including purely financial loss, lost sales and profit, loss of data and non-economic damage relating to or arising from the App. The only action that you can take if you are of the opinion that you have sustained damage is to stop using the App and to remove it.
• Insofar as ROOM for thought is liable despite the foregoing, its liability will be limited to direct damage up to the sum of EUR 1000 (one thousand Euros).
• This limitation of liability does not apply in the event of intent and/or deliberate recklessness on the part of ROOM for thought.
8. Stopping use of the App
• If you wish to stop using the App, you can do so by removing the App from your telephone. If before removing the App you first wish to remove all photos taken with the App, you can send an email to email@example.com. ROOM for thought is not obliged to deliver any Content to you in any way before or after you stop using the App.
• If you act contrary to the Conditions, ROOM for thought is entitled to discontinue your use of the App. If ROOM for thought has sustained any damage as a result of your actions contrary to the Conditions, ROOM for thought may recover that damage from you.
• Dutch law is applicable to these Conditions and the use of the App.
• If a dispute arises between you and ROOM for thought, it will be submitted to the competent court in the district of Amsterdam.
• ROOM for thought may assign rights and obligations arising from these Conditions to a third party. If this is against your wishes, you can stop using the App by removing it.
Please feel free to contact us if you have any questions.
ROOM for thought BV
Herengracht 3 2
1015 BA Amsterdam
Trade Register number at the Chamber of Commerce: 59380020