Terms of Service
These are our terms of service. They're long and detailed, but they're here to protect both you and us - and make sure we have a long and happy relationship together. Please take a moment to review all of these terms so you know what you're agreeing to.
Please read this Agreement carefully before accessing the Website or using the Services. By accessing the Website or using the Services or any part thereof, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by Sebastiaan Hooft, acceptance is expressly limited to these terms. The Website and Services are available only to individuals who are at least 13 years old.
Violation of any of the terms below will result in the termination of your account. You agree to use the Website and Services at your own risk.
1. Your Sebastiaan Hooft Account
If you create a user account to avail yourself of the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. You must immediately notify Sebastiaan Hooft of any unauthorized access to or activity on your account, or any other breaches or suspected breaches of security. Sebastiaan Hooft will not be liable for any acts or omissions by you or your account, whether authorized or unauthorized, including any actions, proceedings, claims, damages, liabilities, charges, losses, or costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied).
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Sebastiaan Hooft cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. Responsibility of Users
2.3 Reserved Rights
Without prejudice to any other rights that Sebastiaan Hooft may have at law or in equity, Sebastiaan Hooft has the right (though not the obligation) to, in its sole and unfettered discretion:
- Remove or disable access your access to the Services if, in Sebastiaan Hooft’s opinion, you have violated of the terms of this Agreement, or that harm has or will be done to Sebastiaan Hooft or the Services;
- Investigate and prosecute any violations of the prohibited actions at clause 2.2 (Prohibitions) above to the fullest extent of the law;
- At any time, involve and cooperate with enforcement authorities in prosecuting users who violate the terms of this Agreement;
- Cancel unconfirmed accounts or accounts that have been inactive for a long time;
- Modify or discontinue the Services;
- Disclose your identity to any third party claiming that Your Content constitutes a violation of their intellectual property rights, or of their rights to privacy;
- Terminate or deny access to and use of the Services to any individual or entity at any time and for any reason.
Sebastiaan Hooft will have no obligation to provide a refund of any amounts previously paid.
Sebastiaan Hooft shall have no obligation to monitor your access to or use of the Services or Content, or to review or edit any Content. However, we shall have the right to review, edit, delay, or remove Your Content for the purpose of operating the Services, to ensure your compliance with the terms of this Agreement, or to comply with the law or the order or requirement of a court, administrative agency or other governmental body.
3. Payment and Renewal
3.1. General Terms
Optional paid services such as newsletters, downloads, or music purchases are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Sebastiaan Hooft the monthly or annual subscription fees indicated for that service. Payments will be charged pre-pay on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
3.2. Automatic Renewal
Unless you notify Sebastiaan Hooft before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew. You authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your site's dashboard.
3.3 Refund Policy
Unless indicated otherwise at the explicit discretion of Sebastiaan Hooft, all sales are final and no refunds are provided for any products or services provided. Any sales made via the Sebastiaan Hooft Marketplace are subject to the refund policy of their respective owners.
4. Responsibility of Website Visitors
Sebastiaan Hooft has not reviewed, and cannot review, all of the Content, including computer software, made available through our Services, and cannot therefore be responsible for that Content. Sebastiaan Hooft makes no representations, warranties or guarantees, whether express or implied, that Content is accurate, complete or up to date, that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sebastiaan Hooft disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading, copying or use by those visitors of Content there posted. The views expressed by other users on our Website or through our Services do not represent our views or values.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through third party websites and webpages to which Sebastiaan Hooft links, or that link to Sebastiaan Hooft. Sebastiaan Hooft does not have any control over third party websites and webpages, and is not responsible for their contents or use. By linking to a third party website or webpage, Sebastiaan Hooft does not represent, warrant, guarantee, or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sebastiaan Hooft disclaims any responsibility for any harm resulting from your access or use of third party websites and webpages.
6. Copyright Infringement and DMCA Policy
As Sebastiaan Hooft asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Sebastiaan Hooft violates your copyright, you are encouraged to notify Sebastiaan Hooft via our contact page. Sebastiaan Hooft will respond to all valid notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sebastiaan Hooft will terminate a user's access to and use of our Services if the user is determined, at Sebastiaan Hooft’s sole and unfettered discretion, to be a repeat infringer of the copyrights or other intellectual property rights of Sebastiaan Hooft or others.
7. Intellectual Property
All intellectual property rights in the Services, including trademarks, service marks, graphics and logos used in connection with the Services, belong to Sebastiaan Hooft or Sebastiaan Hooft’s licensors.
Sebastiaan Hooft retains all right, title and interest in and to all of its intellectual property rights, including but not limited to all intellectual property rights in connection with “Sebastiaan Hooft”, “Ghost”, “Sebastiaan Hooft”, and the Ghost logo device. Other trademarks, service marks, graphics and logos used in connection with the Website or Services may be the trademarks of other third parties.
Nothing in this Agreement transfers to you any right, interest, or ownership in any intellectual property, or extends to you any license of any intellectual property, including any right or license to reproduce or otherwise use any trademark.
Sebastiaan Hooft and any third party proprietors of intellectual property rights used in connection with the Website or Services shall each retain ownership of their respective intellectual property rights.
By subscribing to a newsletter from the Sebastiaan Hooft, you agree to the creator's terms of service. You can opt-out at any time by using the unsubscribe button.
Sebastiaan Hooft reserves the right, at its sole and unfettered discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sebastiaan Hooft may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Sebastiaan Hooft may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Sebastiaan Hooft account (if you have one), you may simply discontinue using the Website and our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions including ownership of intellectual property rights, warranty disclaimers, indemnities and limitations of liability.
The Services are provided "as is". Sebastiaan Hooft and its suppliers and licensors hereby disclaim all representations and warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sebastiaan Hooft nor its suppliers and licensors, makes any warranty that the Services will be accurate, error free, or that access thereto will be continuous or uninterrupted. You understand that you use, download from, or otherwise obtain benefits through, the Services at your own discretion and risk.
12. Limitation of Liability
In no event will Sebastiaan Hooft, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Sebastiaan Hooft shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Without prejudice to the above and to the extent permitted by law, in the event that Sebastiaan Hooft is found to be liable to you in any way, such liability will be limited to the amount of fees paid by you to Sebastiaan Hooft under this agreement during the twelve (12) month period prior to the cause of action.
13. General Representation and Warranty
You hereby agree to indemnify Sebastiaan Hooft and its contractors, licensors, and their respective directors, officers, employees and agents, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Sebastiaan Hooft arising out of or in connection with any breach of the warranties contained in this Agreement, your breach or negligent performance or non-performance of this Agreement, the enforcement of this Agreement, and any claim made against Sebastiaan Hooft (including but not limited to actual or alleged infringement of a third party's intellectual property rights) arising out of or in connection with your Content.
This Agreement constitutes the entire agreement between Sebastiaan Hooft and you concerning the subject matter hereof. The Agreement and these conditions shall be governed by and construed in accordance with the law of the Netherlands. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of the Netherlands in respect of any dispute which arises out of or under this Agreement. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid, illegal, or unenforceable, the remaining terms and provisions shall not be affected by such invalidity, illegality, or unenforceability, and shall remain in full force and effect, and such invalid, illegal, or unenforceable term or provision shall be deemed not to be part of these terms. The failure of either party to enforce at any time a term or condition of this Agreement shall in no way be interpreted as a waiver of such term or condition, or any subsequent breach thereof. You may assign your rights under this Agreement to any party that agrees to the terms of this Agreement in writing; Sebastiaan Hooft may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
16. Additional Terms
If you avail yourself of any Additional Services provided by Sebastiaan Hooft, the additional terms below shall apply to in relation to the respective Additional Service provided to you.
17.4. Integration With Third Party Security Providers
If you subscribe to a newsletter, Sebastiaan Hooft will include enterprise-grade security, provided through third party integrations, as part of your subscription. Sebastiaan Hooft requires its third party security providers to provide, at a minimum, 24/7 DDoS mitigation, Web Application Firewalls, brute force protection, and automatic rate limiting.
While Sebastiaan Hooft uses its best efforts to ensure that your data is protected, the internet carries inherent risks. You understand and agree that Sebastiaan Hooft does not control these third party security providers. Without prejudice to Clause 13 and for the avoidance of doubt, Sebastiaan Hooft cannot be liable for Losses arising as a result of or in connection with a failure of the services provided by these third party security providers or unanticipated changes to APIs by the third party security providers that may result in disruptions to the integrated security features.