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1.Definitions
1.1. DX: Dutch Exchange B.V. is registered with the Chamber of Commerce under number 39097915 and is the supplier of the Service.
1.2. User: the natural person or entity that uses a Service provided by DX.
1.3. Service:
1.3.1. the offering and purchasing of Virtual Money for regular money;
1.3.2. the sale of Virtual Goods to Users for Virtual or regular money;
1.3.3. the making available of a Virtual Marketplace to the User;
1.3.4. the making available of ATMs in the Virtual World to the User for the purpose of withdrawing Virtual Money;
1.3.5. the making available of Virtual Land in exchange for payment (either in regular Money or in Virtual Money).
1.4. Agreement: the agreement between DX and the User, whereby Dutch Exchange provides a Service which the User uses.
1.5. Party: each party to the Agreement.
1.6. DX account: the space that the User receives for managing his data and preferences with respect to a Service, which is accessed by entering the User’s personal user name and password.
1.7. DX current account: the current account at DX that holds the User’s Virtual Money.
1.8. Virtual World: a three-dimensional, computer-generated world in which one exists by means of an alter ego (Avatar) and in which one can communicate with others.
1.8.1. Active Worlds: a Virtual World created by Activeworlds Inc.
1.9. Virtual Money: means of payment or currency established for a Virtual World.
1.10. Virtual Land: the land that exists in a Virtual World or parcels of it.
1.11. Virtual Marketplace: the website or place in a Virtual World where Virtual Goods are traded between Users.
1.12. Virtual Goods: goods that exist within Virtual Worlds.
1.13. Website: the DX website http://www.awexchange.com.
1.14. Active Worlds Conditions: the guidelines and policies of Activeworlds with regard to Active Worlds that can be found on http://www.aw-europe.com .
1.15. Conditions of Use: these conditions.
1.16. Misuse: use in a manner or with an intention that is in violation of law, public order, public decency, the Agreement or the Conditions of Use, as well as any use that could be considered illegal vis-à-vis a third party.
2.Applicability
2.1. The Conditions of Use apply to and form a part of any Agreements between DX and the User.
2.2. The Conditions of Use also apply to any use of the Website by the User.
2.3. Unless explicitly agreed otherwise, no (general) terms and conditions other than these Conditions of Use apply to the Agreement.
2.4. In the event provisions in the Agreement or its appendices, the Covenant or these Conditions of Use are inconsistent with one another, the following order of rank applies:
1. the Agreement;
2. any appendices;
3. the Covenant;
4. these Conditions of Use.
3.Communication
3.1. The version of the communication in question that has been received or saved by DX will count as evidence of the said communication, unless the contrary is proved by the User.
4.Formation of the Agreement
4.1. An agreement comes into effect as soon as the User has completed the electronic registration process on the Website designed for the Service in question.
4.2. Following registration, the User gains access to his DX account.
4.3. DX reserves the right to refuse a User without stating reasons.
5.Obligations and powers of DX with respect to the Services
5.1. DX will endeavour to ensure optimum security.
5.2. DX reserves the right to adapt the Services software from time to time in order to improve functionality and remedy flaws. In the event an adaptation results in a significant change in functionality, DX will inform the User of this before the change is implemented. Because Services are supplied to multiple Users, it is not possible to waive a specific adaptation for an individual User. DX is not liable for any compensation of damages resulting from adaptations to a Service.
5.3. DX will make one or more DX accounts available to the User for the purpose of providing Services.
6.Maintenance
6.1. DX reserves the right to close the Service temporarily for maintenance, adjustment or improvement of the Service and DX’s web servers. DX will endeavour, whenever possible, to arrange for any such closure of the Service to occur outside office hours and will inform the User of the planned closure of the Service in good time. DX will never be held liable for compensation of any damage that a User may suffer as a result of such a closure of Service.
7.Support
7.1. The User can report failures and submit queries in the manner indicated by DX. DX will endeavour to answer the queries satisfactorily and within a reasonable timeframe.
8.General conditions of use
8.1. The User will observe the conditions set by the provider of the Virtual World. In the case of Active Worlds, these conditions are the Active World Conditions.
8.2. The User will act and behave in a way that DX could expect from a careful user of the Service.
8.3. The User must keep confidential the user name and password supplied to him by DX. DX is not responsible for the misuse of user names and passwords by third parties and may assume that a User who logs in to a particular DX account is in fact the User in question. The User must inform DX of any suspicion the User may have that user names and passwords have fallen into the hands of unauthorised parties. In such cases, DX reserves the right to take effective measures.
8.4. The User will inform DX by electronic means and without delay of any changes in name, e-mail addresses and other details that DX requires in order to carry out the Service.
8.5. Should DX have a reasonable suspicion that the User is Misusing a Service, DX may immediately block access to the DX account and suspend the provision of the Service. If the suspicion is disproved, DX will unblock the DX account and resume the provision of the Service. This course of events can never cancel any payment obligation on the part of the User or entitle the User to any right of compensation.
8.6. Without prejudice to its other rights by virtue of the law or the Agreement, DX reserves the right to suspend its obligation vis-à-vis the User or to dissolve the Agreement if the User acts, or is reasonably suspected to act, in contravention with the Agreement, the Conditions of Use or the other conditions that are explicitly declared to apply therein, without DX being liable to pay any compensation.
9.Conditions of Use per Service
9.1. Exchange Service (defined in 1.3.1):
9.1.1. The User can purchase and sell Virtual Money at rates set by DX.
9.1.2. The Exchange Service is subject to transaction costs, the level of which is subject to change.
9.1.3. The level of the transaction costs differs per payment method.
9.1.4. The payment methods available and the associated transaction costs can be found on the Website.
9.2. Sale of virtual goods (defined in 1.3.2):
9.2.1. This is subject to the conditions set by the provider of the Virtual World. In the case of Active Worlds, these conditions are the Active World Conditions.
9.3. Virtual marketplace (defined in 1.3.3):
9.3.1. DX facilitates the exchange, purchase and sale of virtual goods between Users and is, as such, no more than an intermediary.
9.3.2. The fact that DX is authorised to intervene in the event a User Misuses the Service does not in any way mean that DX verifies the legitimacy of Virtual Goods at its own initiative. DX is therefore never responsible or liable for offers made in the Virtual Marketplace.
9.3.3. DX is entitled to remove from the Virtual Marketplace any offers or other communications that constitute Misuse.
9.3.4. Users that are of the opinion that other Users are committing Misuse may report this fact. DX will inform the User responsible for the offer or communication of the complaint and allow him to respond. If, following this correspondence, DX is unable to form an opinion regarding the illegality, it may request additional information.
9.3.5. Only if DX is of the opinion that the offer or communication is manifestly unlawful will it use its authority to remove.
9.4. ATMs (defined in 1.3.4):
9.4.1. Users can withdraw and deposit Virtual Money using the ATMs that DX has placed in the Virtual Worlds. They are allowed to do this without the need to register on the Website in advance; in such a case, an ad-hoc registration is created, resulting in the formation of an Agreement. Users with a DX current account may withdraw Virtual Money from the balance on their DX current account at an ATM; they may also buy Virtual Money directly in exchange for regular money using the payment methods established for this purpose.
9.4.2. The User may only sell Virtual Money at those ATMs that DX has designated as suitable for this purpose.
9.4.3. The ATM transaction should take a few seconds (max 30 sec) to complete. If the transaction takes longer than 5 minutes, the User must contact DX.
9.5. Land Store (defined in 1.3.5):
9.5.1. The ‘purchase’ of Virtual Land is not a purchase within the meaning of Book 7 of the Netherlands Civil Code. With the ‘purchase’ of Virtual Land, the User acquires a personal right of disposal of the parcels that he paid for, without the transfer of any right of ownership vested in the parcels.
9.5.2. The User can implement the agreement referred to by agreeing to the Covenant http://www.awexchange.com/index.php?option=com_content&view=article&id=66&Itemid=66, which sets out in detail the mutual rights and obligations that apply between DX and the User within the context of the Land Store. No disposition of Virtual Land can be acquired if the Covenant is not explicitly endorsed.
9.5.3. If and to the extent that the Covenant does not provide otherwise, one-off transfer costs as well as periodic costs of use will be charged in relation to the ‘purchase’.
9.5.4. DX reserves the right to amend the Covenant. If the User is unable to agree with any amendment, he is authorised, up to the time the amendment in question takes effect, to cancel the Agreement as of the date on which the amendment takes effect.
10.Rates / Payment
10.1. All rates on the Website are subject to typing and calculation errors. No liability is accepted for the consequences of typing and calculation errors.
10.2. DX reserves the right to make interim changes to the rates. The changes will be made public on the blog section of the Website at least one (1) month before they take effect. If the User is unable to agree with any amendment, he is authorised, up to the time the amendment in question takes effect, to cancel the Agreement as of the date on which the amendment takes effect.
10.3. In variance with the previous paragraph, DX may change at any time and without prior notification the exchange rate of Virtual Money in relation to regular money, the one-off transfer costs for Virtual Land and the costs associated with each payment method.
10.4. Payment is always to take place by one of the payment methods made available on the website for the service in question.
10.5. The time at which DX receives the payment counts as the time of payment.
11.Intellectual property rights
11.1. All intellectual property rights to all software made available, including the Website, as well as any associated preparatory material, are vested exclusively with DX and its licensors. The User only receives a right of use that is not exclusive and is not transferable. Subject to powers that are explicitly assigned in the Agreement or the Conditions of Use, the User is not permitted to reproduce any materials, products or goods provided as part of the Service.
11.2. The User is not permitted to remove or change or commission the removal or change from the software of any designation with respect to copyrights, trademarks, trade names or other rights of intellectual property.
11.3. DX is authorised to put technical measures in place to protect the software of Service. If DX has protected its software using technical safeguards, the User is not permitted to remove or evade that protection.
12.Liability
12.1. DX can never be held liable for any indirect damage to the User or third parties, including consequential damage, loss of turnover and profit, loss of data or damage owing to the disclosure thereof and immaterial damage.
12.2. DX can never be held liable for any Misuse of a Service by the User or by a third party.
12.3. The blocking of the DX account and the suspension of the provision of a Service in accordance with Article 8.6 can never result in any obligation to pay compensation for any ensuing damages.
12.4. The liability of DX vis-à-vis the User, on whatever grounds, is limited per event (where a series of related events counts as a single event) to a maximum of the amount of the Service (including any transactions costs and VAT).
12.5. The User indemnifies DX against all third-party claims, brought for whatever reason, which involve compensation for damages, costs or interest and which bear a relation to the Agreement and/or the Service.
12.6. The previous paragraphs of this article do not apply if and to the extent that the damage in question was caused deliberately or as the result of wilful recklessness on the part of DX.
13.Force majeure
13.1. DX cannot be held liable for the fulfilment of any obligation if a circumstance beyond its control eliminates any reasonable possibility of the obligation being fulfilled. Such a circumstance will, in any event, be understood to include disruptions in the telecommunications infrastructure, domestic unrest, mobilisation, war, traffic congestion, strikes, lockout, business interruptions, stagnation in supply, fire, flooding, impediments to import and export and non-performance by parties on which the service provision of DX depends. In the event of force majeure, the Agreement may be suspended or the terminated without any obligation to pay compensation.
14.Term and termination
14.1. The Agreement is entered into for an indefinite period of time and can only be terminated in accordance with the provisions of the Conditions of Use.
14.2. The Agreement can by terminated by a Party without stating reasons with due observance of a notice period of one (1) month.
14.3. In the event that a Party does not fulfil an obligation arising from the Agreement in a proper manner or within a set period or otherwise in good time, that Party is in default and the other Party is entitled to either fully or partially dissolve the Agreement without notice of default being required, without prejudice to the other rights of the Party dissolving the Agreement and without the Party dissolving the Agreement being liable for compensation.
14.4. In the event of dissolution or termination, as referred to in the foregoing articles, payment obligations and existing payment obligations and liabilities will remain in effect. The parties are obliged to respect DX's intellectual property rights also outside the legal scope of the Agreement and the Conditions of Use.
15.Confidentiality
15.1. The Parties undertake to maintain confidentiality with respect to all confidential information that they receive from the other party. The Parties will also impose this obligation on their employees and on third parties they have engaged in the performance of the agreement between the parties.
15.2. Information will in any event be deemed confidential if one of the Parties has designated it as such.
15.3. DX will treat the User’s personal information in accordance with the privacy declaration on the Website.
16.Amendments to the General Terms and Conditions
16.1. DX reserves the right to amend or supplement the Conditions of Use.
16.2. Amendments also apply with respect to Agreements already concluded, subject to a term of 30 days following the announcement of the amendment on the Website or by electronic notification.
16.3. In the event the User does not wish to accept an amendment to the Conditions of Use, he may terminate the Agreement up to the date on which the new conditions take effect.
16.4. Amendments of minor importance may be implemented without observance of the notification period and the right to terminate the Agreement.
17.Final stipulations
17.1. The Agreement is governed by the laws of the Netherlands.
17.2. A change of management or legal form will have no impact on the Agreement.
17.3. To the extent that the rules of mandatory law do not prescribe otherwise, any and all disputes that may arise from the Agreement will be submitted to the competent Dutch court in Amsterdam.
17.4. Partial invalidity:
17.5. Any provision in the Agreement and/or the Conditions of Use that turns out to be void will not impair the validity of the entire Agreement/Conditions of Use.
17.6. For the purpose of replacing such a provision, the Parties will lay down (a) new provision(s) that reflect(s) the purpose of the original Agreement/Conditions of Use as much as legally permitted.
17.7. The Conditions of Use have been drawn up in the Dutch and English languages. The English version is a translation from the Dutch made by a sworn legal translator. However, the Dutch version remains binding in the event of any difference in content or purport.
Contact details
If you have any questions, remarks or complaints after having read the Conditions of Use, please do not hesitate to get in touch by regular mail or e-mail.
Dutch Exchange B.V.
De Paal 1-7
1305 AA Almere
The Netherlands
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