- Provision of data and creating a Profile (article 3);
- The functionalities of the Platform (articles 4,5 and 6);
- The notice and take down procedure (article 7);
- The limitation of liability for Drivers.plus (article 10).
Article 1. Definitions
Content: all information placed on the Platform by Drivers.plus itself, including but not limited to the layout, look and feel of the Platform, the logos and trademarks as well as certain texts.
Intellectual Property Rights: all the intellectual property rights and associated rights such as copyright, trademark rights, patents, model rights, trade name rights, database rights and neighbouring rights as well as the rights to know-how and one-line performances.
Platform: the Platform that can be accessed through the website Drivers.plus and underlying web pages which offer you the possibility to download or upload drivers.
Profile: an individual or group section created and maintained by you when you register for the Platform.
Drivers and software: all information offered by you or other users of the Platform on the Platform whether or not for payment.
Article 2. Applicability
Article 3. Profile
3.1 In order to be able to use the Platform optimally you
have to create a Profile in the way described on the Platform. You guarantee to
Drivers.plus that the information provided by you on creating your Profile is
strictly complete, true and accurate. When creating a Profile, you must give a
username and password which will allow you to access the Platform and your
3.3 You yourself are responsible for the correctness and completeness of the data you have provided as well as the alteration of the data in the event that it is no longer accurate. You acknowledge and understand that the correctness and completeness of the data is very important for the Platform to operate optimally.
3.4 The data you provide during the registration process will be stored in a database and will be processed in accordance with the privacy statement.
3.5 You yourself are responsible for keeping your username and password combination confidential. You are not allowed to give your username and/or password to third parties and/or to otherwise grant third parties access to your Profile. You are therefore liable for all the use made of the Platform through your username and password. Drivers.plus can assume that you are indeed the person who has signed in with your username and password. As soon as you know or have reason to assume that a username and/or password has come into the hands of unauthorized persons, you must inform Drivers.plus of this notwithstanding your own obligation to take immediate effective measures yourself such as changing your password.
3.6 Drivers.plus is at any time entitled to change, alter or shut down the Platform without becoming liable to you in any way. If you do not agree with the changes and/or amendments made by Drivers.plus, your only remedy is to cease the use of the Platform and to delete your Profile.
3.7 Drivers.plus reserves the right to change the registration procedure, your password and/or username in the event Drivers.plus decides that this is in the best interests of the operation of the Platform.
3.8 Drivers.plus cannot be held liable for any damages resulting from any unauthorized access and/or use of the Platform by third parties.
3.9 You acknowledge and agree that by creating a Profile you automatically grant Drivers.plus a free of charge, unencumbered, worldwide, sub licensable, non-exclusive license to publish and reproduce certain personal data from your Profile, such as your username and Profile picture, in the light of offering the platform, for instance for promotional purposes. This license ends automatically if you delete the Drivers and your Profile.
Article 4. Functionalities of the Platform
4.1 You acknowledge and agree that Drivers.plus only
offers a Platform which allows you to exchange Drivers with other users. Drivers.plus
has no knowledge of and/or involvement with the Drivers and/or other
information submitted to the Platform by you or other users. Drivers.plus
therefore accepts no liability whatsoever for the Drivers offered by you or
other users by means of the Platform.
Article 5. Uploading Drivers
5.1 By means of the Platform you can upload drivers. These drivers can subsequently be downloaded by other users. Your Profile will state what drivers you offer on the Platform.
5.2 The manner in which the drivers can be uploaded to the Platform as well as the allowed format are stated on the Platform. You decide what Drivers is uploaded and in what manner you manage this Drivers. Drivers.plus has no influence on or involvement with the Drivers uploaded as well as the manner in which it is managed by you.
5.3 You acknowledge and agree that by uploading Drivers to the Platform, you automatically grant Drivers.plus a free of charge, unencumbered, worldwide, sub licensable, non exclusive license to publish and reproduce the Drivers in the light of offering the Platform. This license automatically ends if you remove the Drivers from the Platform.
Article 6. Sharing Drivers
6.1 By means of the Platform you can upload Drivers. Your Profile will state what Drivers you offer on the Platform.
6.2 The manner in which the Drivers can be uploaded to the Platform as well as the allowed format are stated on the Platform. You decide what Drivers is uploaded and in what manner you manage this Drivers. Drivers.plus has no influence on or involvement with the Drivers uploaded as well as the manner in which it is managed by you.
6.3 You acknowledge and agree that by uploading Drivers to the Platform, you automatically grant Drivers.plus a free of charge, unencumbered, worldwide, sub licensable, non exclusive license to publish and reproduce the Drivers in the light of offering the Platform. This license automatically ends if you remove the Drivers from the Platform.
Article 7. Downloading Drivers
7.1 By using the Platform it is possible to download Drivers. It is necessary to have a Profile if you wish to download Drivers. The profile will show what Drivers you have downloaded.
7.2 If you create a Profile you have the possibility to rate the Drivers of other users in the manner stated on the Platform.
7.3 Downloading Drivers is allowed, provided that you do not violate our Fair Use Policy. The Fair Use Policy states that a user can download 30 documents per day, with a maximum of 30 files per month.
Article 8. Notice and Take Down
8.1 In order to stop infringement of the rights of third
parties as soon as possible, Drivers.plus has developed a procedure for
reporting infringing Drivers by means of a notice.
8.2 If you claim that certain Drivers infringes on your rights, you can report this alleged infringement to Drivers.plus by filling in the contact form. We will examine the notice and, if possible and necessary, take the measures stated in this article.
8.3 The notice should include:
- The URL within the website on which the allegedly infringing Drivers can be found;
- A statement that your rights have been infringed and why;
- Contact details which Drivers.plus can use to contact you, such as your complete name, address, telephone number and email address;
- A statement supported by documentary evidence that the information in your notice is accurate and complete and – if it concerns the alleged infringement of Intellectual Property Rights – that you are the holder of the respective Intellectual Property Rights or that you are authorized to act on behalf of the holder; and
- A description of the work or works which have been allegedly infringed, with a specification of the precise nature of that alleged infringement.
8.4 Drivers.plus reserves the right to forward the notice to the party responsible for the Drivers to which the notice refers.
8.5 In the event that it is evident from the notice that the Drivers the notice refers to is manifestly unlawful, Drivers.plus will remove or block access to the Drivers.
8.6 Drivers.plus reserves the right not to grant a request to remove or make inaccessible Drivers if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted, or if the Drivers to which the notice refers do not appear to be manifestly unlawful. Within that scope Drivers.plus may for instance require a judicial decision of a competent court in the Wales, whose decision demonstrates that the Drivers concerned is manifestly unlawful.
8.7 By issuing a notice you indemnify Drivers.plus against any claim of third parties with regard to removing or making inaccessible the Drivers and/or the provision of the name, address and place of residence of the user who sent the notice. Such indemnification also covers all the damage that Drivers.plus suffers and the costs it incurs in relation to such a claim, including – but not limited to – reimbursing the costs of legal assistance.
8.8 Drivers.plus will not in any way whatsoever be a party to any dispute between the party that issued the notice and the other party.
Article 9. Availability of the Platform
9.1 Drivers.plus is entitled to put the Platform
(temporarily) out of service and/or to reduce the use of it without any prior
notification and without being obliged to pay compensation to you, if in the
opinion of Drivers.plus this is necessary, for instance, in connection to the
required maintenance of the Platform.
9.2 Drivers.plus is entitled to make procedural and technical changes and/or amendments to the Platform without giving you prior notification.
9.3 Drivers.plus does not guarantee that the Platform or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Platform can occur, as a result of failures in the internet or phone connection or by viruses or faults/defects. Drivers.plus is not liable or obliged to the user to pay compensation in any way whatsoever for any damage resulting or arising from the website being (temporarily) unavailable.
Article 10. Intellectual Property Rights
10.1 The Intellectual Property Rights regarding the Platform, as well as all Content published on and/or transmitted by means of the Platform, with the exception of the Drivers, are vested in Drivers.plus and/or its licensor(s).
10.3 You may not change, render illegible or remove any trademark or recognition signs affixed to the Website, the Content and/or any references to Intellectual Property Rights.
10.5 Without prior written consent of Drivers.plus no one is allowed to retrieve and re-use a substantial part of the Contents of (parts of) the Platform and/or retrieve and repeatedly and systematically re-use non-substantial parts of the Contents of the Platform.
10.6 Drivers offered on Drivers.plus is only to be used at your risk. You are not permitted to submit Drivers found on Drivers.plus as your own work if it is not, as this is in breach of copyright.
Article 11. Liability
11.1 Drivers.plus will not accept any liability for damages
as a result of offering you the Platform, an unlawful act or otherwise, other
than as stipulated in this article.
11.2 In the event that Drivers.plus is not liable for any damages, whether caused by an attributable failure or an unlawful act, the height of these damages is limited to the amount actually paid by Drivers.plus’s insurance company. In the event that the insurance company does not pay anything, article 11.3, 11.4 and 11.5 apply.
11.3 Drivers.plus is not liable for direct damages (as described below) which you suffer as a result of an attributable failure in the performance of the agreement (‘wanprestatie’) or pursuant to an unlawful act (‘onrechtmatige daad’) or otherwise insofar as this is allowed under mandatory law up to an amount of EUR 5.–. The entire and complete liability of Drivers.plus under its agreement with you will never exceed this amount.
11.4 Direct damages shall exclusively pertain to:
- Material damage to goods;
- All reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;
- Reasonable costs incurred while determining the cause of damage, liability, direct damage and the method of recovery.
11.5 To the maximum extent permitted by applicable law, in no
event shall Drivers.plus be not liable for any special, incidental or
consequential damages whatsoever (including but not limited to, damages for
loss of profits or confidential or other information, for business
interruption, for the loss and/or corruption of data for loss of privacy
arising out of or in any way related to the use of or inability to use the
Platform as well as all other forms of damage different from the those
mentioned in article 11.4), even if Drivers.plus has been advised of the
possibility of such damages and even if the remedy fails in its essential
11.6 The above limitation of liability in this paragraph shall cease to apply if and insofar as the loss is due to Drivers.plus’s wilful intent or gross negligence.
11.7 In using the platform you guarantee that you have thoroughly checked the rules, regulations and provisions governing your university and that you are allowed to use the services offered by Drivers.plus. Drivers.plus accepts no liability or responsibility for your decision to use the Platform, should this decision be against your university’s regulations or provisions regarding drivers.
Article 12. Force Majeure
12.1 In the case of Force Majeure the non fulfillment of
the agreement between you and Drivers.plus cannot be counted as an attributable
failure and the agreement between you and Drivers.plus does not exist.
12.2 Force majeure includes, but is not limited to, illness of employees and/or absence of personnel crucial for the provision of the Platform, disruptions of the electricity supply, fire, natural disasters, strikes, floods, failures to perform by third parties hired by Drivers.plus, disturbances in the internet connection, hardware disruptions, disruptions in the (telecommunications) networks and other unforeseen circumstances such as dragon atacks.
Article 13. Termination
13.1 You are entitled to terminate the agreement at any
time by discontinuing the use of the Platform and terminating your
Article 14. Miscellaneous
to be (partly) illegal or unenforceable, that provision shall be limited or
otherwise remain in full force, effect and enforceability. Drivers.plus will
replace the invalid part with clauses which will be valid, and of which the
legal consequences – considering the conditions and purpose of these Terms of
Use – correspond as much as possible with those of the invalid part.