Definitions

1.1 All terms in these terms of use ("Terms of Use") that start with a capital letter are defined as follows:

Soa Aids Nederland means Soa Aids Nederland, as an element of Aidsfonds, which offers the Website and the Content in the Netherlands; Account means the Account Participants can use to log in to the Ugly Mugs platform using their username and password; Content means all information, data, notifications, recommendations or services provided to Participants on of via the Website; Participant means all Subscribers who work as sex workers and who are permitted access to the Content following verification; Participant Data means all information and data Subscribers or Participants provide on the Website or in the Content; Subscriber means all natural persons or self-employed entrepreneurs who register for the Website; Intellectual Property Rights means all intellectual property rights, including copyright, patents, utility models, trademarks, service marks, model rights, database rights, information property rights, knowhow and all other intellectual or industrial property rights as (may) exist anywhere in the world; Website means UglyMugs.nl and all other subdomains falling under UglyMugs.nl; Terms of Use means these user terms and conditions.

Scope

2.1 The Website and Content are the property of and are managed by Soa Aids Nederland. These Terms of Use are applicable to the access by Participants and use by Participants of the Website and Content.

2.2 The creation of an Account on the Website implies acceptance of these Terms of Use by the Subscriber.

Website registration

3.1 An Account can be created by any natural person or self-employed entrepreneur who is active and/or who offers services in the sex industry as a sex worker, for as long as this person remains active in this capacity.

3.2 The Account of a Subscriber will only be activated once that Subscriber has successfully completed the verification process. Whether or not a Subscriber successfully completes the verification process is fully at the discretion of Soa Aids Nederland. Following confirmation by Soa Aids Nederland that the Subscriber has successfully completed the verification process, the Subscriber will be granted access to the Website and Content as a Participant and the Account will be activated.

3.3 Participants must provide accurate, up-to-date and complete account information, keep their account information up to date from time to time and immediately update it when required, and guarantee the security of their account data.

3.4 If the Participant is no longer active in and no longer provides services in the sex industry as a sex worker, the Participant is obliged to notify Soa Aids Nederland thereof. The Account of the Participant will subsequently be deactivated and/or removed.

3.5 Soa Aids Nederland reserves the right to deny a Participant access to the Content and Website if, at Soa Aids Nederland's discretion, the Participant is not (or no longer) able to successfully complete the verification process.

4. Use of the website

4.1 Access to and use of the Website is subject to the usage restrictions specified in these Terms of Use or otherwise agreed. Participants must not violate any laws, agreements, Intellectual Property Rights or other rights of third parties when visiting or using the Website or Content. Without limitation of the above, Participants must:

provide all information correctly and truthfully when submitting a report concerning a (violent) incident; only view and use the Website and Content for as long as the Participant is active as a sex worker, and exclusively for the purpose of (preventively) protecting themselves in their activities as a sex worker; not use the website in a way that could disturb, disrupt, negatively impact or prevent full access to and use of the website by other users or damage, disable, overload or affect the functioning of the Website in any way. not use a robot, spider, crawler, scraper, script, browser extension, offline reader or other automated resource or interface not authorised by Soa Aids Nederland to gain access to the Website, extract data or otherwise disrupt or alter the display of the pages or the functionality of the Website.

4.2 The Account is exclusively intended for individual use and must be treated confidentially. Participants agree not to use, redistribute or transfer the Content and all information and data contained therein for purposes other than those listed in Article 4.1(a) and (b). If a Participant does not comply with the Terms of Use or reasonable instructions of Soa Aids Nederland in relation to the use by the Participant of the Website or the Content, Soa Aids Nederland may, exclusively at its own discretion and without compensation, deny the Participant further access to the Website and/or Content.

4.3 Participants are responsible and liable for all use (including unauthorised use) of their Account. Participants must notify Soa Aids Nederland without delay if they discover or otherwise suspect unauthorised use or a security breach in relation to the Website or the Account of the Participant.

4.4 Access to the Website and Content will remain effective unless and until such point it is terminated by the Participant or by Soa Aids Nederland.

5. Participant data

5.1 Participants are responsible for the legitimacy, reliability, integrity, accuracy and quality of the electronic data and information provided by them via the Website.

5.2 Participants grant Soa Aids Nederland, any companies affiliated with it and its relevant subcontractors a global, non-exclusive, perpetual, irrevocable and sublicensable licence to host, copy, send and display Participant Data for the purposes of providing the Website and Content. Participants will indemnify and compensate Soa Aids Nederland in relation to any claims by third parties, fines and additional costs and expenses based on, caused by or in relation to the use of the Participant Data by Soa Aids Nederland in accordance with these Terms of Use and the applicable law.

6. Intellectual property

6.1 All intellectual property rights on or in relation to the Website or Content will remain vested in Soa Aids Nederland or its licensors.

6.2 Soa Aids Nederland grants Participants a limited, non-exclusive, non-transferrable and non-sublicensable licence for access to and use of the Website and Content for the Participants' own purposes and in accordance with these Terms of Use. Barring insofar as expressly permitted in writing by Soa Aids Nederland, Participants must not reproduce, store, redistribute, sell, create derivative works from, decompile, reverse engineer or disassemble the Website of Content (except in cases where the Participant is entitled to do so under applicable mandatory law), and must not create any links, hyperlinks or deeplinks between the Website and other internet sites, nor take measures to disrupt or damage the Website or Content.

6.3 Unless expressly indicated by Soa Aids Nederland, nothing in these Terms of Use can be construed as granting any right or licence to a patent, trade name, copyright or other intellectual property right of Soa Aids Nederland or a third party. The licences granted herein can at all times be revoked by Soa Aids Nederland.

7. Liability and guarantees

7.1 Participants accept the Website and Content "as is", with all faults and defects and without any form or guarantee, whether explicit or implicit, including but nor limited to any tacit guarantee of accuracy, completeness, quality, suitability for a specific purpose and non-infringement. Soa Aids Nederland cannot guarantee that the Website is free of interruptions, errors, malware and viruses or that the Content is complete, correct, up to date and accurate. Participants acknowledge and agree that the Website and Content aim to facilitate access to information, but do not aim to offer a verified source of information.

7.2 Soa Aids Nederland will make every commercially reasonable effort to make sure that the website is available 24/7. However, Soa Aids Nederland may interrupt access to the website for reasons or maintenance and upgrades, or for any other reason, and in particular for technical reasons. Soa Aids Nederland cannot guarantee uninterrupted access and cannot be held responsible in any case for interrupted access to the Website and any consequences arising therefrom for Participants or any third party.

7.3 Soa Aids Nederland accepts no liability for damage as a consequence of access to or use of (or inability to use) the Website of Content, including damage caused by malware, viruses or other inaccuracies or inadequacies of the Content or Website, unless such damage is the consequence of an intentional act or gross negligence of Soa Aids Nederland.

7.4 When submitting reports of a (violent) incident, Participants must not violate any Intellectual Property Rights of third parties, and Participants indemnify Soa Aids Nederland against any third-party claims arising as a consequence thereof.

8. Additional terms and conditions

8.1 If any provision of these Terms of Use is deemed to be invalid or unenforceable, this invalid or unenforceable provision will be replaced by a valid and enforceable provision that corresponds as closely as possible to the purport of the original provision, and all other provisions will remain enforceable.

8.2 Soa Aids Nederland may transfer its rights and obligations under these Terms of Use. These Terms of Use will be transferred for the benefit of successors and assignees of Soa Aids Nederland.

8.3 Failure by one of the parties to insist on or enforce strict compliance by the other party in relation to any provision of these Terms of Use, or failure by one of the parties to exercise any right under these Terms of Use, must not be construed as a waiver or relinquishment to any extent of that party's right to assert or invoke any such provision or right in that or any other case; instead, the same will be and remain in full force and effect.

8.4 The Cookie Policy and Privacy Statement of Soa Aids Nederland are applicable to the collection and processing of personal data of Participants in the context of their use of the Website and the Content.

9. Changes

9.1 Soa Aids Nederland reserves the right to change these Terms of Use at any time. Such changed Terms of Use will come into effect following publication on the Website, but will not have any retroactive effect. Soa Aids Nederland encourages Participants to regularly refer to the Terms of Use to make sure they are aware of all terms and conditions applicable to the Website and Content. If a Participant does not agree with the revised Terms of Use, such Participant must cease access to or use of the Website and Content. Continued use of the Website by a Participant confirms their acceptance of the revised Terms of Use.

10. Confidentiality

10.1 Participants are obliged to keep confidential all information and data in the Content that they obtain or have obtained from the Website, Content and their Account.

10.2 If a Participant fails to comply with the provisions of Article 10.1 of these Terms of Use, they will be obliged to compensate and damage to Soa Aids Nederland arising as a consequence of such failure.

10.3 If, pursuant to a legal provision or court ruling, a Participant is obliged to disclose confidential information to a third party designated by the law or competent court, and the Participant cannot invoke any right to refuse to give evidence recognised or permitted by the competent court, the Participant is not obliged to pay compensation to and indemnify Soa Aids Nederland.

11. Applicable law and competent court

11.1 These Terms of Use are governed by the laws of the Netherlands. The Parties irrevocable agree that the competent court in Amsterdam will be exclusively competent to hear any dispute or proceeding arising from or in connection with these Terms of Use, the general relationship between the parties (if applicable), as well as any proceedings relating to illegal acts in relation to the Terms of Use.