Code of conduct

The subscriber to this document acts as the administrator (“Admin”) of a Nuvonet community platform (“Platform”) and accepts this “code of conduct” (“Code”). This Code governs the Admin’s subscription and describes the terms and conditions under which the Admin may use the Platform. 

1) Upon accepted subscription, the Admin receives a free login user name and password, which it must duly protect. The Admin cannot transfer its rights under this subscription and must not pass these on, or transfer these, to any other person or entity. Using the login user name and password, the Admin can access and use the Platform. This subscription is for an unlimited duration; either Admin or fifthplay may terminate the subscription on giving 6 months’ prior notice (by email or letter).

2) fifthplay does not warrant the Platform’s fitness for purpose and will use its best effort  to guarantee its availability at all times. fifthplay will only be liable for its intentional default or gross negligence up to a maximum amount of EUR 5000 

3) The subscription is for a nuvonet community (“Community”) within the agreed territory (“Territory”). There is no exclusivity in terms of the intended use of the Platform.

4) The Admin may only add to the Platform services, shops, points of interest, news and other commercial activities from suppliers or service providers that have joined the Community (“Members”) and operate only within the Territory. The Admin and the Members must not use the Platform for offering goods or services outside of the Territory or on a national level without fifthplay’s prior written consent. The Admin is not allowed to add publicity or commercials to the Platform. The Admin will transfer all requests for multi-Community publicity to fifthplay.

5) The Admin is allowed to link external urls to the “link tile” for activities of Members with a scope limited to the Community. All applications that are related to multiple Communities will be developed by fifthplay and will be made available in the “tile store”. 

6) The Admin is responsible for having all licenses and other authorisations required for use of the Platform and for its activities through the Platform. The Admin must comply with this Code and is responsible for compliance with all applicable laws and regulations (including in relation to privacy) by itself and the Members and users of the Platform. The Admin will procure that such Members and users comply with terms and conditions that are at least as strict as those provided in this Code. In the event of non-compliance by the Admin, any Member or user, fifthplay may immediately, without notice, without court intervention and without owing any compensation, refuse the Admin and all Members and users further access to the Platform and terminate the Admin’s subscription. In such event, the Admin will compensate, indemnify and hold fifthplay harmless for, from and against any resulting costs, loss, damage and third party claims.

7) The Admin accepts that the “my home” and “handy info” tile are fixed and that they are the exclusive responsibility of fifthplay without any rights for the Admin in terms of content or otherwise. 

8) The Admin may add new Members and users to its Community. New Members will receive an email confirmation of their subscription to the Platform and their membership.

9) The Admin may centrally add points of interest to the Community and Platform. 

10) The Admin and (under the Admin’s responsibility) the Members may add newsfeeds to the Platform. It is the Admin’s responsibility to validate the news sources and ensure compliance with all applicable laws and regulations related to the news content.

11) All intellectual property rights related to the Platform (“IPRs”) (including any improvements and new functionalities) are owned by, or have been licensed to, fifthplay. The Admin must at all times comply, and must procure that all Members and users comply, with fifthplay’s IPRs. The Admin must not (and must procure that all Members and users do not), directly or indirectly, reproduce, in part or in full, any design, layout, pictures, drawings, logos, software, ideas or code, or copy these to similar concepts or platforms. 

12) The Admin will be responsible for the setup and management of the market places, content links and management of points of interest to make sure that a professional and up-to-date Nuvonet user interface and eco-system is running.

13) The Admin should refuse users to login into the Community if they hinder the functioning of the Platform.

14) The Admin must not allow, and must in any event immediately cease, any illegal or inappropriate activities on the Platform.

15) Subject to Clause 4, the Admin is allowed to setup one “event tile” on the main page of the Platform for the promotion of local activities or other local promotions occurring within the Territory. 

16) The Admin accepts that a fee is charged for all support, training, consulting and development activities performed by fifthplay, as well as for the provision of a Nuvonet internet ticket printer. Upon request, fifthplay will provide the Admin with the relevant prices and applicable terms and conditions.

17) The Admin accepts that fifthplay may from time to time update the Platform with improvements and new functionalities. All such improvements and functionalities will be available for all Members and users.