Terms of use

General

The Apparent website located at https://apparent.today is a copyrighted work belonging to 17 Spikes. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

Interpretation & Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

• Country refers to: the Netherlands.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to 17 Spikes.
• Service refers to the Website and Contents.
• Content refers to audio, video or written publications produced by the Company.
• Terms of Use (also referred as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
• Website refers to Apparent's website, accessible from https://apparent.today
• You (also referred to as "User") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Mental health information disclosure

The Company occasionally provides mental health information. This information is provided for purely recreational purposes and is not intended to replace any medical advice, nor is it necessarily accurate.

The Content and the information, opinions, and suggestions on the Website are offered for informational purposes only. 17 Spikes is not engaged in rendering professional advice, whether medical or otherwise, to individual users or their children or families.

The Content or the information, opinions, and suggestions contained on the Website are not meant as, and are not a substitute for, professional advice from or consultation with a medical or health professional, or expert in child development. To the extent a user uses and considers content, information, opinions, and suggestions obtained on the Website or in the content, the user does so at his or her own risk, and the Company and its owners, members and employees are not be liable or responsible for any loss, injury, or damage arising from any content, information, opinion, or suggestion found on the Website or in the Content.

The Website may offer health and related information, but such information is designed and provided for informational purposes only. The Services is not intended to convey medical advice and nothing on the Website or in the Content constitutes or should be construed as the practice of medicine. You should not rely on any information provided by the Services as a substitute or replacement for professional medical advice, diagnosis and/or treatment from a licensed medical professional. The Company is not responsible for any actions or inaction on a user’s part based on the information that is presented on the Services.

The Content such as text, graphics, images, and other materials created by the Company or obtained from the Website are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Website.

If you think you or your child may have a medical emergency, call your doctor immediately.

Using the Website & Service

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

Restrictions

The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof. You agree that Company will have no obligation to provide you with any support in connection with the Website. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Services and tells You about Your privacy rights.

Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”: You agree not to: (i) upload, transmit, or distribute to or through the Website any software intended to damage or alter a computer system or data; (ii) send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Website to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Website, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Website; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to the Website.

Copyright policy

The intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Company or Company's suppliers. Note that these Terms and access to the Website do not give you any rights, title or interest in or to any intellectual property rights.

Termination of Service

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Third Party Resources

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. e strongly advise You to read the terms of use and privacy policies of any third-party web sites or services that You visit.

Indemnification

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Website, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Waiver

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Website, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

"As Is" & "As Available"

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Changes to Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact

You can contact us for general inquiries at hello@apparent.today. Due to the number of emails we receive, we cannot offer personalized responses via email. Apologies in advance if the personal questions you ask go unanswered. For collaborations you can contact us at hello@apparent.today.

These Terms were last edited on the 12th of May 2021.