Project Flying Rivers

1.1 By logging in as a user/member of Flying Rivers (hereinafter referred to as “member”) you accept the General Terms and Conditions on the site (this page), you agree to the General Terms and Conditions (hereinafter referred to as “GTC”) whereby you by registration as a member and logging into the website enter into a contractual relationship with Flying Rivers and commit yourself to the terms and conditions.

1.2 Flying Rivers operates under various (brand) names and/or URLs and also under various subdomains and aliases. Hereinafter referred to as the Flying Rivers websites.

1.3 The GTC is in force and constitutes the contractual agreement with the member regardless of the website through which the member registers or logs into the Flying Rivers environment. Flying Rivers provides its services exclusively to adult natural persons. To this end, a binding list will be displayed by a Flying Rivers representative if a member demands this.

2.1 At Flying Rivers someone can be registered as a member. Members have access to shielded parts of the website by logging in with a username and password.

2.2 If you are invited directly by an existing member, you must complete the entire registration process in order to register as a member. A membership is entered into for a period of 1 year (12 months) wich can be prolonged.

2.3 The payment of the non mandatory donation is made via debit, invoicing, IDEAL, internet banking or bank transfer. Flying Rivers uses various payment platforms, including Stripe. More information about Stripe can be found at www.stripe.com.

2.4 The information provided by the user will only be made available to other members by Flying Rivers on the secure part of the website, unless this is contrary to legal provisions. Flying Rivers reserves the right to remove parts of information provided or information entirely that conflict with the foregoing without prior explanation to the user.

2.5 The user accepts and agrees that it is impossible for Flying Rivers to guarantee a 100% service with current technology with regard to: maintenance, safety aspects and external influences, such as failures in public networks, power failures or hacking activities which may result in the temporary interruption of the Flying Rivers service.

3.1 The user is obliged to register before using the services of the website.

3.2 The user guarantees and declares that all data provided by him/her is accurate and complete. The user must notify changes without undue delay so that the data remains accurate and current. User can use pseudonyms or fake names.

User also represents and warrants that user is 18 years and older at time of registration and responsible for his/her entire party when visiting an Flying RIvers event.

3.3 When registering, the user must agree with the selected login and password to be able to use the Flying Rivers websites. User is required to use login and password to log in to the website. User is obliged to keep login and password secret and not to share it with third parties. Sharing or providing login and password to a third party will be considered fraud by Flying Rivers. Login and password will be technically checked by Flying Rivers each time you log in. A log file will also be created, so that checking with retroactive effect is possible. Flying Rivers will never provide login and password to third parties.

3.4 User can only log in to Flying Rivers once after invitation, therefore user only has 1 profile.

3.5 The user is obliged to personally check the correctness of their data. By verifying data periodically Flying Rivers tries to contribute to making the member area useful and trustworthy. However, Flying Rivers cannot guarantee the accuracy of the information provided by any users.

4.1 User declares and guarantees that the display of his/her data provided on the Flying Rivers website is permitted by law. User will only upload his/her data in his/her profile. These cannot be data-items of other existing or non-existent persons, animals, images, and the like.

4.3 By using the service and the websites of Flying Rivers, the user agrees that he/she:
• will strictly adhere to legal regulations
• will not use offensive language towards mutual members, companies, Flying Rivers or its staff
• no pornographic content or any post any other content in violation of any law or conduct any form of advertising, promotion, offering or distribution of the above
• will not spam users in any way or attempt to collect email addresses for spam
• will not use content that is protected by law or regulation (including by: copyright, trademark, patents or patent pending), without being entitled to do so and not advertise, promote, offer or distribute any goods or services that are are protected by law or regulation
• refrain from using or promoting pyramid schemes or any other form of unfair competition, including aggressive commercial acquiring and including but not limited to, but not limited to, chain letters, multilevel marketing and/or similar concepts/techniques.

5.1 Any use of technology, software, scripts, robots, crawlers or spiders in connection with the use of the Flying Rivers website is not allowed. After logging in, the user may only use the software and interface of Flying Rivers within the permissible frameworks as provided by Flying Rivers and necessary for daily use.

5.2 All Flying Rivers content is protected by copyright. Copying, copying, modification or forwarding of any Flying Rivers content is prohibited.

5.3 Distributing or displaying content, logo or images of Flying Rivers via print screen or other techniques without express written permission from Flying Rivers is not permitted.

5.4 SPAM, or email bombs or any other user action that impacts the performance of the Flying Rivers websites are not allowed. All aforementioned matters will be followed up by legal measures upon discovery.

6.1 Flying Rivers is a dynamic platform. Therefore, Flying Rivers reserves the right to extend or limit its content and service, at any time desirable and to adapt it based on changes (inside or outside) without repercussions of any kind.

7.1 The membership is entered into for a period of 1 year (12 months). User can cancel the membership at any moment in time without giving any reason. The membership is automatically renewed annually for one year unless a decision is made otherwise. Cancellation confirmation will be sent to the email address provided by the user.

7.2 Flying Rivers can immediately terminate the contract unilaterally if:
• user does not comply with the legal rules and/or general terms and conditions of Flying Rivers,
• user breaks his/her contractual obligations
• the reputation of the service that Flying Rivers offers is substantially endangered by user (if, for example, it turns out that user has acted differently, has used a false name, company or position when registering, or is involved in (semi) criminal activities or has a criminal conviction known to users of Flying Rivers)
• it appears that the user makes login and password details, content and/or contact details of Flying Rivers available to third parties or possible competitors, parties or persons who want to use the content of Flying Rivers without being in possession of a valid registration and payment of a Flying Rivers membership.

7.3 If the user violates any of the above mentioned in 7.2, Flying Rivers is entitled:
• to warn the user
• to disable the user (temporarily or permanently)
• to remove the content posted by the user
• to deny the user full access to the websites of Flying Rivers.

8.1 members cannot, in principle, demand a refund of their donation.

8.2 If Flying Rivers has decided to unilaterally terminate the agreement on the basis of the above points, the user is not entitled to a refund of any donation made earlier.

8.3 If Flying Rivers has decided to deny access on the basis of the above points, the user is not entitled to a refund any donation made earlier.

9.1 Flying Rivers makes no warranty or representation as to the accuracy, authenticity of user data/content, or whether it is for any specific purpose. Users' data is provided or made available on their personal part of the Flying Rivers website without obligation and under the responsibility of the users.

9.2 Linked external channels to Flying Rivers such as linked websites are also independently responsible for the content provided by them.

9.3 User can report activities of users who do not act in accordance with applicable laws or general terms and conditions to Flying Rivers by using the contact form under the button "Contact/Feedback" in the menu.

10.1 Flying Rivers is only liable for demonstrable negligence, if Flying Rivers does not comply with its basic obligations that a user may expect from Flying Rivers under this agreement. In no event shall Flying Rivers be held financially liable for any negligence.

10.2 In the event that a user holds Flying Rivers liable, Flying Rivers will invoke its company insurance policy and hand the matter over to the authorized insurer. The insurer will further coordinate with the user whether there can be a refund of membership costs already paid by the user. The user can never claim a higher amount from Flying Rivers or its insurance than the membership paid by the user after deduction of months that have already expired.

10.3 Flying Rivers's sole intention is to bring together top corporate management who have registered through the Flying Rivers website. In no way will Flying Rivers participate in any communication between the users. If users mutually decide to enter into agreements with each other, this will happen without Flying Rivers playing an active role in this. Flying Rivers can in no way be held liable for the execution of agreements concluded between users. Flying Rivers does not make any guarantees or guarantees to users for successfully approaching another user through the Flying Rivers website. Furthermore, Flying Rivers cannot be held liable in any way for failure to comply with any obligations set forth in this agreement.

11.1 The User represents and warrants that any content, data or information provided by the User to the Flying Rivers website is free of all rights.

11.2 The user indemnifies Flying Rivers for all occurring claims, actions, losses and liabilities, including (legal) costs that are the result of negligence by the user and from which Flying Rivers is held liable.

11.3 If it appears that the content provided by the user infringes any rights of third parties, the user will ensure at its own expense that Flying Rivers may still use the said content or allow Flying Rivers to remove said content without any conflict. In the event that user violates legal provisions or these terms and conditions, while using the Flying Rivers website, user will refrain from negative statements and immediately remove said content, if requested or demanded by Flying Rivers.

12.1 Flying Rivers recognizes that personal data, content and information provided by user is extremely important to user and Flying Rivers will therefore treat said data as confidential information.

12.2 Flying Rivers will also comply with the statutory requirements regarding the retention of personal data and is affiliated with the Board for the Protection of Personal Data. In particular, Flying Rivers guarantees that it does not disclose its files from users to third parties. This is stated separately in the privacy statement that is stated on the home page and with the registration form..

13.1 Flying Rivers gives a selection of its members the opportunity to participate in visitss such as meetings, dinners, drinks, parties, trips and journeys.

13.2 Visits are sometimes hosted on board of a sailing vessel. When you decide to participate and enter the venue of the visit or go on board, you thereby agree to comply with all rules, safety demands, restrictions, prohibitions and orders from Flying Rivers staff. You agree that you will pay attention during all briefings on safety, behavior, rules and regulation at the venue or on board. You will comply to all rules, and agreements and will adjust your behavior accordingly by taking responsibility in regards of your own actions and behavior and that of all of your party members.

13.3 During visits you take care of your own responsibilities that are the following but not limited to:
• Behavior of kids and adults amongst your party;
• Medical conditions you or your party's member may suffer from or need special care for;
• Special (safety) gear, devices or other items required for you and/or your party members;
If you or your party member(s) require to travel with medication you are personally responsible for the registration, insurance and all administration of these medications or items, with all the relevant athorities, depending on the area of travel and type of medicine and/or equipment.

13.4 If something unfortunate happens, for example an accident, equipment failure, navigational error or other sailing mistake, collision or when any other problem, incident or dangerous situation occors that causes damage to you or your party's belongings, health, mental or physical abilities, or the cause of death of you or a member of your party, friend, partner or children, you take full responsibility and will not try to blame, prosecute or otherwise accuse any of the Flying Rivers crew or members. All consequences from anything that happens during your visit with us that is caused by or during your stay with us will be your own responsibility and cannot be imposed on or recovered from us or other members.

13.5 Your stay with us during visits is never without risk. You declare to understand the risks involved and take full responsibility for yourself and all of your party members if anything unfortunate happens or goes wrong. During your stay with us you will do everything within your means to prevent and resolve dangerous situations. You will inform crewmembers about any unusual, risky, dangerous or problematic situations you encounter immediately.

13.6 You enroll to all necessary (travel) insurance to cover all costs you cannot afford yourself for any damage to yourself or your party members and your/their belongings. You verified with all your insurance suppliers and ensured yourself that your stay with us is covered for you and your party members.

13.7 You have the right to cancel an agreement concluded with us. Cancellation takes place by means of a written notification sent to Flying Rivers. The cancellation date is the date on which Flying Rivers receives the notification.

13.8 In the event of cancellation, a percentage of the costs that were made for and in agreement with you is due. This depends on the number of days or hours prior to the agreed engagement (e.g. a crossing, a tour, a stay). Up to 3 weeks before the booked engagement: 10%; 3 to 1 weeks before the booked engagement: 50%; 7 to 2 days before the booked engagement: 75%; Within 48 hours before the booked engagement: 100%.

13.9 For visits on our sailing vessel the number of guests that may not be overwritten under any circumstances, and which in any case does not exceed 3 guests (all adults) or 4 guests (two adults and two minors).

13.10 Users that participate in visits must follow all instructions from Flying Rivers or its crew correctly and without delay. If these instructions are not followed, Flying Rivers has the right to interrupt the performance of the service. In this case, the customer is not entitled to a refund or compensation. The customer and/or guest must immediately notify Flying Rivers of any problem that arises during the performance of the service, so that Flying Rivers has the opportunity to solve the problem.

14.1 Flying Rivers is not liable for:
• theft or loss of, or damage to, property of the customer and/or guest. Bringing along any belongings with you is entirely at your own risk;
• damage caused by death or injury of the customer and/or guest, except in cases in which this damage is the result of intent or gross negligence on the part of Flying Rivers;
• damage caused by delay in sailing or during the performance of the service;
• indirect or consequential damages;
• any act or omission of its subordinates as referred to in Article 6:170 of the Dutch Civil Code and other persons as referred to in Article 6:171 of the Dutch Civil Code.

14.2 Flying Rivers is not liable for damage as a result of a defective or late implementation of the agreement, nor is it liable for any other direct and/or indirect damage, including death and/or injury (damage), of the other party, unless the damage is due to gross negligence, recklessness or intent.

14.3 In the event Flying Rivers is liable for any damage, this liability is limited to the maximum amount covered by its insurance. If the damage is not covered by the insurance, this liability is limited to a maximum of the donated amount.

15.1 The agreement includes everything that Flying Rivers enters into exclusively and contractually with its users. Therefore, there are no separate oral or written agreements that are not explained and agreed upon in this agreement.

15.2 Flying Rivers reserves the right to amend these terms and conditions at any time, without giving any reason, unless an amendment could be highly unreasonable for users. In that case, Flying Rivers will inform the users well in advance that changes will take place. If the user does not respond to the changes to the terms and conditions within 2 weeks, Flying Rivers assumes that the user has already tacitly accepted the changes.

15.3 If for any reason any of the aforementioned points is found not to be legal or enforceable, this means that all other aforementioned points will retain their full validity and thus remain enforceable. The parties already agree to replace an invalid point with a valid point that comes closest to the ultimate intention of the intended statement.

15.4 Any lawsuits can only be brought before the competent court in Amsterdam. These general terms and conditions and the underlying contractual value will be determined exclusively by the Dutch applicable laws and may be adjudicated under Dutch law if this is the case.