Welcome to Drillster! Before you register for your Drillster account, you must carefully read and agree to these Terms of Service.
1. Your Acceptance
By using or visiting the Drillster website or any of the Drillster services provided to you on, from, or through the Drillster website (collectively the “Service”) you signify your agreement to:
- These terms and conditions (the “Terms of Service”),
- Drillster’s Program Policies.
Collectively known as the “Terms and Conditions” of the Agreement. If you do not agree with these Terms and Conditions, please do not use the Service.
The Terms and Conditions apply to all users of the Service, including users who are also contributors of content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement and to abide by and comply with the Terms and Conditions, and more specifically these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
2. Amendments to the Agreement
3. Description of the Service
Drillster is an internet-based learning tool from Drillster BV (the “Service”). Drillster provides free and premium accounts. Drillster reserves the right to adjust the price of the premium accounts at all times, with a one-month notice. If you continue to use the service, you automatically accept the adjusted terms of payment. Drillster will carry out the required repair and maintenance activities needed to properly provide the Drillster service to you and in order to make sure that the service will be fully available for you. You understand and agree that the Service is provided to you in the form as you currently can experience it and under the availability set by Drillster. You may access content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. Drillster disclaims all responsibility and liability for the availability, timeliness or reliability of the Service. Drillster also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
4. Drillster Accounts
The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. You must notify Drillster immediately of any breach of security or unauthorised use of your account. Although Drillster will not be liable to you for losses caused by any unauthorised use of your account, you may be liable for the losses of Drillster or others due to such unauthorised use. Drillster reserves the right to, without reason, refuse the Service to anyone.
Drillster reserves the right to suspend or terminate your account after a period of inactivity. A two-year period of non-use of the Drillster Service will constitute this “period of inactivity”. Drillster will always notify you before it terminates or suspends your account for this reason. After termination, Drillster will be able to “transfer” your account name to another user without any notification to you. For more information about Drillster’s policy on the termination of accounts, see the Program Policy.
5. Proper Use
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the Drillster Program and Privacy Policies (“Terms and Conditions”). You agree that you will use the Drillster Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You shall not, shall not agree to, and shall not authorize or encourage any third party to:
- use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Drillster;
- upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligation, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material on the website and to grant Drillster the license mentioned in article 6;
- submit or upload content to the website that you are not allowed to possess in your country of residence or content that Drillster is not allowed to use or possess with regard to the Service on the Drillster platform;
- circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
- use or launch any automated system, including without limitation “Robots”, “Spiders” or “Offline Readers”, that accesses the Service in a manner that sends more request messages to the Drillster Service in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Drillster grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Drillster reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (chat functionality) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content;
- prevent others from using the Service;
- use the Service for any fraudulent or inappropriate purpose;
- alter or modify any part of the Service;
- act in any way that violates the Program Policies, as may be revised from time to time.
Violation of any of clauses A, B or C will be determined at the sole discretion of Drillster and may result in removal or blocking access to the material. Violation of one of the clauses A-I may result in immediate termination of this Agreement or suspension/termination of your account and may subject you to fines, penalties and/or other legal consequences.
Drillster reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Terms of Service has occurred or to comply with any applicable law, regulation, legal process or governmental request. If any breach of this Proper Use clause is detected, users are requested to report such breach to Drillster by sending an email to email@example.com.
The above-mentioned list of clauses is non-exhaustive. Drillster may at any time terminate the Service, terminate this Agreement, or suspend or terminate your account in case it considers that the Terms and Conditions of this Agreement are violated or if it is enforced to do so by legal or regulatory authorities.
6. Your Content and Conduct (Drills)
As a Drillster account holder, you may submit content to the Service. Drillster guarantees the confidentiality of your content, unless you explicitly shared your content with other users or unless you explicitly published your content and made it available to the Drillster community.
You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Service. You affirm, represent, and warrant that (I) you own or have the necessary licenses, rights, consents, and permissions to publish the content you submit; and (II) you license to Drillster all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms of Service.
You further agree that content you submit to the Drillster Service will not contain third party copyrighted material, or material that is subject to other third party propriety rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Drillster all of the license rights granted herein. You also guarantee that the submitted material does not contain “hate speech” (i.e. racist, discriminatory or insulting speech), blasphemous or libellous speech and that it does not contain speech that is conflicts with rights of privacy, rights of minors or fair commercial practices.
Drillster does not endorse any content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Drillster expressly disclaims any and all liability in connection with Content. Drillster does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Drillster will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Drillster reserves the right to remove Content without prior notice.
For clarity, you retain all ownership rights in your Content. However, by submitting content to Drillster, you grant Drillster a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Drillster service and Drillster’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Moreover, before submitting content to our platform you must choose one of the six creative commons licenses for your copyrighted work (from the most accommodating license to the most restrictive license):
- Attribution (cc by) This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation.
- Attribution Share Alike (cc by-sa) This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms.
- Attribution no derivatives (cc by-nd) This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.
- Attribution Non-Commercial (cc by-nc) This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
- Attribution Non-Commercial Share Alike (cc by-nc-sa) This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature.
- Attribution Non-Commercial no derivatives (cc by-nc-nd) This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially.
The default rule will be the “Attribution and Share Alike” license for all works submitted to the Drillster Service. See for more information: www.creativecommons.org.
The above license granted by you in the content you submit to the Service, terminate within a commercially reasonable time after you remove or delete the content from the Drillster platform. However, you understand and agree that Drillster may retain, but not display, distribute or perform, server copies of your content that have been removed or deleted.
7. Notice and Takedown
Drillster will remove content that is evidently unlawful. Moreover, if you believe that any content on the Service infringes upon your rights of intellectual property or if you believe that any material on the Service is unlawful: such as “hate speech” (i.e. racist, discriminatory or insulting speech), blasphemous or libellous speech and/or speech that is conflicts with rights of privacy, rights of minors or fair commercial practices, you may submit a notification to firstname.lastname@example.org.
For Drillster to take action a notification must contain:
- Your personal information: information reasonably sufficient to permit Drillster to contact you, such as address, telephone number, and, if available, an electronic mail.
- Identification of all the material that is claimed to be unlawful and/or infringing and that is to be removed or access to which is to be disabled and information reasonably sufficient to locate the material (such as an URL).
- A description of why you believe that the material is unlawful and/or infringing or why the designated material is contrary to Drillster’s Policy Program. If the removal or blocking of access is very urgent, the description must also contain a motivation of why the material must be removed immediately.
- A motivation why Drillster is the most suitable entity to take action
- A statement of good faith belief and a statement that the information in the notification is accurate.
After the receipt of such a notification, Drillster will immediately evaluate the material and decide whether to take down the material or block access to it (Drillster will act expeditiously). When Drillster is of the opinion that the material is not evidently unlawful or illegal, we will send you a motivation of why we believe that the material does not have to be removed from the Drillster Service. If an unmistakable decision about the lawfulness of the material cannot be made, Drillster will give your contact address to the content owner (claimed infringer) in order to enable consultation for, hopefully, a mutually beneficial solution.
You will accept and guarantee that Drillster will not be liable for any action taken as a consequence of the receipt of a notification.
See for more information the Dutch Code of Conduct on Notice and Takedown (“Gedragscode Notice and Takedown”) on http://www.rijksoverheid.nl/bestanden/documenten-en-publicaties/rapporten/2008/10/09/gedragscode-notice-and-take-down/ntd-gedragscode-opmaak.pdf.
8. Account Termination Policy
You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Drillster provided, however, that a terminated account may continue to exist for up to five business days before such cancellation takes effect.
Drillster may at any time, without prior notice and in its sole discretion, remove such content and/or suspend/terminate your account for submitting material in violation of the Terms and Conditions or if Drillster is forced to do so by legal or regulatory authorities. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
Except as set forth above or unless Drillster has previously cancelled or terminated your use of the Services (in which case subsequent notice by Drillster shall not be required), if you have provided a valid and current email address, Drillster will notify you via email of any such termination or cancellation, which shall be effective immediately upon Drillster’s delivery of such notice. The applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination. If you are subscribed to a premium account on Drillster, you will have to respect a one-month termination notice.
9. Drillster’s rights to Intellectual Property
You acknowledge that Drillster BV owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by European and International intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works of the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The intellectual property rights of Drillster include, without limitation, rights to (i) the Service developed and provided by Drillster and (ii) all software associated with the Service. These rights do not include user generated or third-party content used as part of Service, including the content of communications appearing on the Service. If any a breach of this clause is detected, users are requested to immediately report this to Drillster by sending an email to email@example.com. Where required, Drillster will report the breach to the appropriate legal bodies.
Any use of Drillster BV’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) must be with explicit permission of Drillster.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Drillster BV, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Service; (II) your violation of any term of these Terms of Service and the more general Terms and Conditions; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that your content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
11. Payments and Refunds
In the event you wish to purchase a Drill, you may use the following payment methods: PayPal, credit card or direct debit instruction.
If you were unable to correctly download the drill you purchased, an email must be sent to firstname.lastname@example.org. Subsequently, Drillster will inform the content-owner of your dissatisfaction and content-owner may consult with you about your reason(s) of dissatisfaction. You accept and agree that Drillster will give personal information, such as the name of your account, your name and your email-address to that particular content owner. After (mutual) consultation, content owner may decide whether or not to refund. Drillster will be able to initiate the reimbursement. However, Drillster does not have any influence on this decision and will not be liable if the content owner decides not to refund. The reimbursement will always take place against the payment method that has been used for the initial payment.
13. Warranty Disclaimer
You understand that when using the Service, you will be exposed to content from a variety of sources, and that Drillster is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Drillster with respect thereto.
The Service is offered and controlled by its facilities in the Netherlands. Drillster makes no representations or warranties (I) that the Service (completely) meets your expectations of the Drillster Service; (II) about the Services’ availability, timeliness, security or reliability; (III) the accuracy and reliability of the content; (IV) the restoration of (technical) malfunctioning of the Service; (V) that the Service is appropriate or available for use in other locations than the Netherlands.
To the fullest extent permitted by law, Drillster, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Drillster makes no warranties or representations and assumes no liability for any direct, indirect, incidental, punitive or consequential damages whatsoever resulting from any:
- errors, mistakes or inaccuracies of content;
- any errors or omissions in any content or for any kind of loss or damage incurred as a result of your use of any content posted , transmitted or otherwise made available via the Drillster services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages;
- personal injury and/or property damages of any nature, resulting from the access to and the use of the Drillster Service;
- any interruption or cessation of transmission to or from our services;
- any bugs, viruses, or the like, which may be transmitted to or through our services by any third party.
You specifically acknowledge that Drillster shall not be liable for content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
15. Applicable Law and Competent Court
Dutch law will apply to the Agreement. All disputes between Drillster and Client that may arise and which cannot be solved in mutual consultation and within a reasonable period of time will exclusively be presented in the competent court in Amsterdam, the Netherlands.
Last updated: 2014-09-06