Terms of Service

Terms of Service

Please read these terms and conditions carefully before registering as a player from www.pokemongym.nl (hereinafter "Pokemongym.nl"). By playing Pokemongym.nl you are deemed to agree to these terms and conditions.

These conditions were last amended on 27-03-2020.

Article 1. Content of the game
1.1 Pokemongym.nl is not responsible for the conduct of Crew members to who the owner has granted powers to co-manage the game.
1.2 Copying, distributing, and any use of these materials for purposes other than playing the game is not permitted without the written permission of Pokemongym.nl, except and only to the extent otherwise provided in rules of mandatory law.
1.3 These materials are exclusively intended for use within the framework of the Website. They are offered without any form of guarantee or claim to correctness. These materials are intended solely for information and entertainment purposes and no rights may be derived from them.
1.4 Pokemongym.nl is entitled to modify the website at any time, including during any current round, without having to give notice.
1.5 It is not permitted to use automated processes or software to retrieve all or a substantial part of the website, or to take any action that may affect the proper functioning of the website. In the event of abuse, Pokemongym.nl may impose a sanction.

Article 2. Creation of your Account
2.1 In order to participate in the game, you must first sign up. If you are under the age of fourteen, you declare that you have permission from your parents to register. Pokemongym.nl is entitled to refuse your registration without giving reasons.
2.2 If you have successfully logged in, you will be able to access your account using your chosen password.
2.3 Your password must be kept secret. Pokemongym.nl is not responsible for any misuse of the password and may assume that anything that happens from your account is under your responsibility and at your risk. If you suspect that an unauthorised person has obtained your password, please change your password as soon as possible and/or contact Pokemongym.nl via the Helpdesk as soon as possible. Pokemongym.nl will then take appropriate action.

Article 3. Playing the game
3.1 You are obliged to abide by these conditions and you are also obliged to listen to the instructions of the crew.
3.2 It is not permitted to use tools such as scripts, bots or plugins that may give you an unfair advantage over other participants. It is also not permitted to bypass or disable any security features of the website. In the event of abuse, Pokemongym.nl may impose a sanction.
3.3 It is forbidden to misuse errors or imperfections of the game or the website. It is also prohibited to report them in public forums or share them with others without the permission of Pokemongym.nl. In the event of any violation of this article, Pokemongym.nl may claim from you any damages incurred as a result.
3.4 It is not allowed to have more than one account and to play with several people on one account. An account is personal and each player is entitled to a maximum of one account.
3.5 In the event of an apparent violation of these terms and conditions, the owner and crew members are entitled to impose a sanction.
3.6 Sanctions may, depending on the seriousness and frequency of the infringements, range from a warning to confiscation of money, credits or other property earned in the game, to permanent exclusion from the website. Pokemongym.nl may include your (user)name on the website along with the offence and the sanction imposed.
3.7 Pokemongym.nl is not liable for any unjustified sanctions imposed by the crew.

Article 4. Contributions on the website
4.1 Pokemongym.nl gives you the opportunity to post for or send messages to others through chat, messaging, forum, and other means, and to include information and images in a profile of yourself (collectively: Contributions).
4.2 You decide (subject to the following) which contributions you want to publish and where and when. However, Pokemongym.nl does not owe you any fee for the materials you publish on this website. You hereby grant Pokemongym.nl a non-exclusive license to publish your contributions in any manner on the website. This includes the right to change and/or shorten contributions. You hereby waive any right to attribution upon publication on the website. You also represent that you have all rights to distribute the materials and indemnify Pokemongym.nl against any third party claims related to material posted by you.
4.3 It is not allowed in contributions
• Include hyperlinks to external sites with malicious content (such as excessive popups, viruses or spyware) and competing websites;
• Include threatening, inaccurate, defamatory, obscene, pornographic, discriminatory, or hateful information;
• Record pyramid games, chain letters, commercial, charitable or idealistic messages;
• To give the impression that you're from the crew at Pokemongym.nl;
• Include material that infringes the rights of third parties, which in any case includes the inclusion of images or hyperlinks to them without the permission of the rightholders;
• Include material that places a disproportionate burden on Pokemongym.nl systems.
4.4 Should Pokemongym.nl reasonably suspect or become aware that a contribution violates the above or the law, Pokemongym.nl has the unilateral right to remove it or block access to it. In addition, Pokemongym.nl may impose a sanction. Pokemongym.nl does not need to discuss this with you.
4.5 You will indemnify and hold Pokemongym.nl harmless from any third party claims based on the assertion that any material you provide is against the law in any other way.
4.6 In the event of a serious suspicion of abuse of the website or game, Pokemongym.nl is entitled to read your private messages as part of any investigation into such abuse. Pokemongym.nl will keep information found in these private messages secret as much as possible, and will not publish or use it for purposes other than to take action against the abuse. However, Pokemongym.nl is entitled to hand over the private messages to investigative services or use them in the context of legal proceedings related to such misuse.

Article 5. Forum rules
5.1 The following standard forum rules apply.
A) It is not allowed in your messages to accuse others of unlawful behavior. This means that if you suspect someone of something, you must report it to someone on the crew. Provide your report with sufficient evidence; false accusations will not be tolerated.
B) The forum is, among other things, intended as a reference work. In order to keep this reference useful and clear, and to avoid annoyances, you should observe the following:
• Before you open a topic, check whether your question or comment has already been posted once before.
• Always post a new topic in the appropriate forum section.
• Don't feel obligated to respond to every topic that passes by. Only respond if you actually believe you are making a relevant contribution.
C) Promoting other websites on the forum without permission is considered spam and may be punishable by denial of access to the game and deletion of the account.
D) The forum is not intended to declare war on other members or teams.

Article 6. Buy Credits
6.1 In your in-game account, you can purchase Credits through various payment systems.
6.2 Because Credits can be used in the game immediately after purchase, you are not entitled to terminate the purchase by virtue of art. 7:46i of the Dutch Civil Code.
6.3 In case of problems when ordering Credits you can contact the crew using the helpdesk. Always include a number of details: time, explanation of the problem, the phone number used and other relevant information.
6.4 All offers are without obligation and prizes on Pokemongym.nl are subject to typing and programming errors. Pokemongym.nl has the right to change prizes at any time.

Article 7. Prizes
7.1 Prizes and their displayed (retail) value are determined by Pokemongym.nl and may be changed at any time.
7.2 Prizes can be paid out in cash if desired, but Pokemongym.nl will decide on this.
7.3 Each person may only win one prize per round, unless it is indicated that this is not the case. If a person wins more than one prize, he or she will receive the prize with the highest value. The remaining prize will be awarded to players who are most entitled to them.
7.4 Pokemongym.nl is in no way liable for accidents, late deliveries, damage or additional costs of any kind arising from the act or dispatch of the prizes awarded.
7.5 Pokemongym.nl is also in no way liable for errors in the printing on the packaging.

Article 8. Processing of personal data
8.1 Pokemongym.nl respects the privacy of all users of the website and ensures that personal data is processed carefully and in accordance with the Personal Data Protection Act.
8.2 Pokemongym.nl is committed to ensuring your privacy to the fullest extent possible, but you should be aware that other interests, such as freedom of expression or tracking illegal activities, may in some cases take precedence over your right to privacy.
8.3 When you register, Pokemongym.nl will ask you for certain personal information, such as your name and a working email address. These personal data will not be disclosed to third parties, unless you have given your separate consent or this disclosure is necessary for your normal use of the website. The email address may be used by Pokemongym.nl to send you messages about the website. In each message, you will be given the opportunity to unsubscribe. For sending other commercial e-mail messages, Pokemongym.nl will first request your explicit consent.
8.4 Pokemongym.nl keeps general visit data, including to detect cheating and abuse. This includes data such as the IP address of the computer requesting a page on the website, the username, if any, the time of the request, and data sent by a visitor's browser.
8.5 Pokemongym.nl uses cookies. A cookie is a small file that is sent along with pages of this website so that different queries from pages of the website can be combined and user behavior can be analyzed. You can refuse the use of cookies as indicated above, although this may limit the functionality and ease of use of the website.
8.6 You have the right to inspection, correction and deletion of data relating to you. To do so, please contact Pokemongym.nl via the helpdesk.
8.7 If a contribution is an invasion of your privacy, it will usually be anonymized in the first instance. Pokemongym.nl does not need to remove contributions from the website unless you have a special and compelling reason to do so.
8.8 To purchase Credits, Pokemongym.nl uses third party payment services. Pokemongym.nl has no control over the privacy policies of these third parties. Please refer to the privacy statement of these payment services.

Article 9. Maintenance and malfunctions
9.1 Pokemongym.nl has the right to temporarily shut down the website or parts thereof for the purpose of maintaining, adapting or improving the website, the associated software, or other facilities. If possible, Pokemongym.nl will notify you in a timely manner of the planned shutdown. However, Pokemongym.nl is never obligated to compensate you for damages in connection with such a shutdown.
9.2 Pokemongym.nl reserves the right to modify the website, the game, and the software used in the game from time to time to improve functionality and fix errors. If a modification results in a significant change in functionality, Pokemongym.nl will attempt to notify you. Because this website and the game are used by multiple participants, it is not possible to waive a certain modification just for you. Pokemongym.nl is not obligated to pay any compensation for damages caused by such a modification.
9.3 In the event of force majeure, such as, for example, malfunctions in the telecommunications infrastructure or defects in the performance of the payment provider, whereby Pokemongym.nl cannot reasonably be required to comply with this agreement due to an external cause, the performance of this agreement will be suspended or this agreement will be terminated, all without any obligation to pay compensation.
9.4 Pokemongym.nl will endeavour to answer questions adequately and within a reasonable period of time. However, Pokemongym.nl cannot guarantee the accuracy and/or completeness of the answers.

Article 10. Liability
10.1 Pokemongym.nl cannot be held liable for any damage whatsoever.
10.2 Neither Pokemongym.nl nor its agents are liable for any indirect damages suffered by you or others, including consequential damages, lost sales and profits, loss of data, and intangible losses.
10.3 You indemnify and hold Pokemongym.nl harmless from and against any and all claims from third parties, on any grounds whatsoever, regarding compensation for damages, costs or interest, related to this agreement.
10.4 The previous paragraphs of this article do not apply if and insofar as the damage in question was caused by intent or deliberate recklessness on the part of Pokemongym.nl.
10.5 A prerequisite for the creation of any right to compensation is always that you report the damage in writing to Pokemongym.nl within two weeks after it has occurred.

Article 11. Duration, suspension and termination
11.1 Parties enter into this agreement for an indefinite period of time. You may terminate the agreement at any time, without observing a notice period. In the event of termination in the context of a sanction, Pokemongym.nl may terminate with immediate effect.
11.2 After cancellation you may no longer use the website and the game. Your account will be terminated and all Credits and other goods earned in the game belonging to the account will be deleted. Pokemongym.nl may remove your contributions but is not obligated to do so.
11.3 In the event of termination, the following obligations will remain in force for as long as Pokemongym.nl can reasonably claim their continued existence: the license of Article 4 and the liability regulation of Article 10.
11.4 Pokemongym.nl is entitled to suspend its obligations to you if there is a suspicion that you are in breach of the agreement, in any manner whatsoever, without Pokemongym.nl being liable to pay any compensation.

Article 12. Amendments to the agreement
12.1 Pokemongym.nl has the right to amend or supplement these terms and conditions with new terms and conditions. These changes or additions take effect fifteen days after they are published on the website. Changes to articles 3 and 4 will take effect at the next game round. Changes of minor importance always take effect immediately.
12.2 If you do not wish to accept an amended or supplemented condition, you must terminate the agreement before or as soon as possible after the amendment or supplement takes effect. You may then no longer use the website. By using the Web site after the effective date, you consent to the modified or supplemented term(s).
12.3 Any conditions or exceptions you provide will not form part of this agreement unless agreed to in writing between you and Pokemongym.nl.
12.4 Pokemongym.nl is entitled to transfer this agreement and all of its rights and obligations arising therefrom to a third party who will take over the website from Pokemongym.nl.
12.5 Information and announcements on the website are subject to programming and typing errors. In the event of any inconsistency between the Web site and this Agreement, this Agreement shall prevail.

Article 13. Final provisions
13.1 This agreement is governed by Dutch law.
13.2 Insofar as the rules of mandatory law do not prescribe otherwise, all disputes that may arise in connection with this agreement will be submitted to the competent Dutch court.
13.3 If any provision of these terms and conditions turns out to be null and void, this shall not affect the validity of the entire agreement. In that case, the parties will adopt (a) new provision(s) as a replacement, which will give shape to the intention of the original terms and conditions as much as legally possible.
13.4 In these terms and conditions "in writing" also includes e-mail, provided that the identity and integrity of the e-mail is sufficiently established.
13.5 When communicating electronically with Pokemongym.nl, the version of that message received or stored by Pokemongym.nl will be considered the authentic version, unless you can prove that this version is not authentic.
13.6 Pokemongym.nl is entitled at any time to appoint auxiliary persons to monitor compliance with these terms and conditions and to impose sanctions, if any. The provisions of these terms and conditions regarding Pokemongym.nl also apply to these auxiliary persons, unless the purport of the provision indicates otherwise.
13.7 You will notify Pokemongym.nl as soon as possible of any changes to your name, address, or contact information that may be relevant to Pokemongym.nl.

The terms written in this document with an initial capital have the following meanings:
1) Credits: points that players can purchase and use to perform certain actions on the website.
2) Contributions: All texts, images, and other materials posted on the website by anyone other than Pokemongym.nl.
3) Crew: the persons, including the owner, who are authorized to manage the website.
4) Crew member(s): a person who has been granted powers by the owner to manage the website.
5) Helpdesk: a part of the website where the crew will handle your questions and complaints and solve problems.
6) Website: https://pokemongym.nl/.