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Intellectual Property and Licence Terms and Conditions – Allround The Agency Platform/Job Board

1. Ownership of the platform

1.1. Software, technology and design

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All intellectual property rights relating to the platform, including but not limited to: are held exclusively by the Job Board or its licensors.

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• the software, source code and (back-end) systems;

• the graphic design, UX/UI, layout and structure;

• texts, templates, icons and other components developed by us;

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1.2. No transfer to users

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By registering, using the platform, purchasing services or paying fees, users (employers, clients and candidates) acquire no ownership rights to the platform, the software or the

underlying technology. Only a limited right of use is granted (see Article 3).

 

1.3. Third-party software / standard packages

 

Insofar as the Jobboard uses third-party software or components (for example, standard auction or management platforms, comparable to situations such as those involving Service2Fruit, ECLI:NL:RBGEL:2015:4405), the rights thereto remain with that third party. The Jobboard holds the necessary licences for this purpose.

2. User content – ownership and licence granted to the Jobboard

2.1. Ownership of user content

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Content posted by users (such as job vacancies, assignments, company profiles, candidate profiles, CVs, texts, photographs, logos and other materials) remains, in principle, the property of the relevant user or their licensor.

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2.2. Licence to the Job Board

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By uploading, posting or otherwise making content available on the platform, the user grants the Job Board:

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  • a worldwide, non-exclusive, royalty-free licence

  • to use, store, host, reproduce, publish, display, distribute and edit the content in question

  • solely to the extent necessary for the operation of the Jobboard, the provision of

  • services (including promotion of the platform) and the improvement of service provision.

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2.3. Duration of the licence

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The licence shall remain in force for the duration of the posting and for a reasonable period thereafter for: Once content has been removed, it will no longer be publicly visible, but may remain present in internal systems and backups for some time.

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  • backups, log files and operational systems;

  • evidence purposes, dispute resolution and compliance with statutory retention obligations.

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2.4. User warranties

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The user warrants that: In disputes concerning ownership of a platform or content, as in ECLI:NL:RBMNE:2024:194 and ECLI:NL:RBGEL:2015:4405, it may be relevant who is deemed to be the creator and whether a transfer has taken place; this responsibility lies with the user.

3. Licence granted by the platform to users

  • he/she is authorised to post the content and to grant the licence referred to herein;

  • the content does not infringe the rights of third parties (copyright, trade mark rights, rights of publicity, database rights, trade names, etc.);

  • the content is not unlawful, misleading or in breach of legislation and regulations.

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3.1. Limited right of use

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The Jobboard grants registered users a personal, non-exclusive, non-transferable and non-sublicensable right to:

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  • use the platform to search for, post and manage job vacancies, assignments and profiles;

  • utilise the features offered within the limits of the subscription/package.

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3.2. Prohibited acts

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Users are not permitted, amongst other things, to:

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  • copy, modify, reverse-engineer, decompile or otherwise attempt to reconstruct the source code, software or technical structure of the platform;

  • use the platform or any part thereof to develop a competing system or similar platform, as in disputes concerning platforms such as StorGrid or Service2Fruit

  • (ECLI:NL:RBDHA:2015:5833; ECLI:NL:RBGEL:2015:4405);

  • to use automated means (scraping, bots) in a manner that disrupts normal operation or compromises the database.

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3.3. Trademarks and trade names

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All trade names, trademarks, logos and domain names of the Jobboard remain the property of the Jobboard or its licensors. Their use by users is permitted exclusively:

 

  • to indicate that they are using the Jobboard (e.g. “posted via Jobboard”);

  • in the manner expressly permitted by the Jobboard in brand guidelines or separate agreements.

4. Data, databases and statistics

4.1. Platform data and database rights

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All rights to:

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  • the composition, structure and selection of data on the platform (job vacancies, profiles, interactions);

  • the resulting database(s); are vested in the Job Board. The Job Board may use this data in aggregated and anonymised form for statistical purposes, reporting and to improve its services.

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4.2. Access to data

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Users have access to their own data and content within their account. The systematic or substantial retrieval or reuse of data from the platform’s database is not permitted without prior written consent.

5. Liability, indemnity and notice-and-takedown

5.1. Platform role and liability for user content

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The Jobboard:

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  • acts as an intermediary/host for content posted by users (similar to the role of

  • platforms such as Studeersnel, ECLI:NL:RBAMS:2024:4425);

  • is not, in principle, obliged to check all content in advance;

  • cannot guarantee that all content on the platform is free from infringements or errors.

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5.2. Indemnification by users

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  • The user shall indemnify the Jobboard against:

  • claims by third parties arising from infringement of intellectual property rights by content posted by the user;

  • all damages and costs (including reasonable legal fees) incurred by the Jobboard in that regard.

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5.3. Notice-and-takedown

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In the event of a report or suspicion of infringement (e.g. copyright, trade mark, trade name, database):

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  • the Jobboard may temporarily block or remove the content in question;

  • the Jobboard may require the user to provide evidence of legitimacy;

  • the Jobboard may (temporarily) suspend or terminate the account in the event of repeated or serious infringement.

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In doing so, the Jobboard shall act reasonably and in line with what may be expected of a normally prudent market participant; comparable to the requirements imposed on platforms in the Advocate General’s Opinion in ECLI:NL:PHR:2022:534 (platform liability and measures against infringement).

6. Termination and consequences for rights

6.1. Termination of account / subscription

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Upon termination of the account or subscription:

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  • the user’s right to use the platform ceases;

  • the licences granted by the user remain in force for a certain period, to the extent necessary for backup, evidence and statutory retention obligations.

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6.2. Removal of content

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The user may remove content via their account. The Jobboard is entitled (but not obliged) upon termination of the account:

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• to remove any remaining content;

• to retain certain data for statutory retention periods, disputes and fraud prevention.

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6.3. No retroactive transfer

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Termination of the account or the service does not result in the transfer of intellectual property rights from the Jobboard to the user.

7. Final provisions on IP and licences

7.1. No implied rights

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Unless expressly stated in these terms and conditions or in a separate agreement, no rights or licences are granted.

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7.2. Amendments

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The Jobboard may amend these IP and licence terms and conditions. The most recent version is always available on the platform. In the event of substantial amendments, the Jobboard will inform users via the platform or by email.

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