Gebruiksvoorwaarden

General Terms and Conditions

Last updated: 05-10-2025

---

1. General Provisions and Acceptance

1.1. Applicability

• These General Terms and Conditions (the “Terms”) govern your use of the services provided by Freedom Combination (The Foundation, "we," "us," or "our") across the following websites:

  • freedomcombination.com
  • trendrights.com
  • kunsthalte.com

1.2. Acceptance

• By registering an account, logging in, uploading content, or using the donation system, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.3. Governing Law

• These Terms are governed by and shall be interpreted in accordance with the laws of the Netherlands.

---

2. User-Generated Content (UGC) and Intellectual Property

• Our platforms allow users (Authors and Normal Users) to submit and upload various materials, including artwork, blogs, and other user-generated content (“UGC”).

2.1. Ownership and Warranties

• Ownership: You retain all ownership rights, including copyright and any other Intellectual Property Rights, in the UGC you submit.

• Warranty: By submitting UGC, you warrant and represent that:

  • You are the sole rights holder for the content, or
  • You have obtained all necessary permissions, clearances, and consents from relevant third-party rights holders.

2.2. Grant of License

• By uploading, submitting, or posting UGC to the websites, you grant The Foundation a:

  • Worldwide,
  • Non-exclusive,
  • Irrevocable,
  • Royalty-free,
  • Transferable license (with the right to sublicense).

• This license gives The Foundation the right to:

  1. Use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and create derivative works from the UGC.
  2. Exercise this license in any and all media or distribution methods (now known or later developed).
  3. Use your username, profile image, or likeness in connection with the authorized use of the UGC for promotional purposes.

• Irrevocability and Perpetual Use: The terms “irrevocable” and “perpetual” ensure that The Foundation’s rights to use the content for archival, statistical, or previously published promotional materials survive:

  • The termination of your account, or
  • The removal of the UGC.

---

3. Acceptable Use Policy (AUP)

3.1. Prohibited Abuse

• Abuse is defined as any action that causes actual or substantial harm, or actions that are illegal, fraudulent, or illegitimate.

• Examples include:

  • Using the platform to defraud, mislead, or harass others.
  • Uploading content that violates the intellectual property rights of others.
  • Distributing malicious software or engaging in illegal activities under Dutch or international law.

3.2. Content Moderation

• The Foundation reserves the right to:

  • Investigate violations,
  • Remove UGC,
  • Suspend or terminate accounts,
  • Take immediate action upon identifying abuse.

---

4. Account Termination and Suspension

4.1. Termination for Breach

• If you breach these Terms (e.g., violating the AUP), The Foundation may dissolve this agreement.

• Under Dutch law, The Foundation will usually:

  • Issue a written notice of default (ingebrekestelling).
  • Provide a reasonable period for you to remedy the breach.

• If the breach is not remedied:

  • The account may be dissolved, and
  • The Foundation may seek compensation for damages.

• Immediate dissolution without prior notice is possible if:

  • Fulfillment of the contractual obligation is permanently impossible.

4.2. Termination for Convenience

• Either party may terminate the account and this agreement by providing written notice to the other party.

---

5. Limitation of Liability

• The Foundation provides its services on an "as is" and "as available" basis.

• To the maximum extent permitted by Dutch law:

  • The Foundation shall not be liable for any indirect, incidental, or consequential damages.

• Liability Cap: The Foundation’s total liability to you is limited to the fees (if any) paid by you in the three (3) months preceding the claim.

• Critical Exception (Dutch Law): This limitation of liability does not apply to damages resulting from:

  • Intentional acts (opzet), or
  • Gross negligence (bewuste roekeloosheid) by The Foundation or its management.

---

6. Dispute Resolution and Jurisdiction

• All disputes arising out of or in connection with these Terms shall be exclusively submitted to the competent courts in the Netherlands.