General terms and conditions
We thank you for using and/or visiting the website accessible at the address SneakPeek.nu, or any website of a facilitating partner organisation* of Milton bv / SneakPeek, hereinafter the “Website” or the “Platform”, either owned and operated by Milton bv / SneakPeek / Theatercollectief SKaGeN vzw (hereinafter “Milton bv / SneakPeek”), or owned and operated by a facilitating partner organisation* of Milton bv /SneakPeek.
Milton bv / SneakPeek is a company in Belgium with company number BE0758.609.482 with registered office at Nachtegalenlei 48, 2900 Schoten represented by the director Mathijs Scheepers (hereinafter “Milton bv / SneakPeek”)
*partner organisation: any organisation associated with Milton bv / SneakPeek through a contract, for the purpose of facilitating the sale of the performances covered by SneakPeek. The (user) conditions – as listed below – for participating in the SneakPeek show do not change, regardless of whether they were communicated through the Milton bv / SneakPeek website or through a partner organisation’s website or other medium.
Please read carefully these Terms of Use and General Terms and Conditions. These determine the conditions for accessing and using the Website, creating an account (when leaving your data) and – if applicable – concluding agreements via the Website.
When creating an account, you will be asked to confirm that you have read these Terms of Use and that you accept their content as binding. Your visit to the Website, your registration for an account, the conclusion of agreements and any other use of the Website, imply in any case the knowledge and acceptance of these Terms of Use.
Summary
The Website is a platform website, operated by Milton bv / SneakPeek or to a website of a facilitating partner organisation* of Milton bv / SneakPeek, where people can create an account to follow theatre performances. In the case of SneakPeek or a show in the SneakPeek app, this is done – after creating an account, via the SKGN app or via the SneakPeek app and via email / instagram / facebook / youtube / vimeo (for the pieces of the show SneakPeek that can be followed live on location). You can also leave messages for SneakPeek or the SneakPeek app-Show on the show’s Facebook page. The Website is a platform website which means that it is a Platform for various performances by Milton bv / SneakPeek, in all possible different manifestations. (In addition to Whatsapp, the show can also use other social media such as FB, Twitter, Instagram, TikTok and any of its own apps, such as the or the SneakPeek app)
Milton bv / SneakPeek disclaims any responsibility and liability in relation to the agreements between
sales agencies/agents/representatives on the one hand and buying cc’s/festivals/facilitators of the performances of Milton bv / SneakPeek on the other hand that are created through its Platform.
Users accept to receive from Milton bv / SneakPeek emails and messages, whether or not via Whatsapp or the SneakPeek app-Show (e.g. in the context of the SneakPeek show or the SneakPeek app-Show) regarding their profile.
Users know and accept that – if they participate in an activity via the app Whatsapp (or a similar application) – their phone number and profile picture may be visible to other participants in the performance’s Whatsapp group. Users declare that they will not contact each other or use others’ phone numbers for other purposes. Users know, and accept, that Milton bv / SneakPeek has the right – if infringed – to remove the User from the Whatsapp group (or group of a similar app) without any notice and without any possibility of compensation or refund for the User. The same applies to one’s own picture in the Whatsapp group (or group of a similar app) it is the User’s responsibility to change that picture if he does not wish that it can be seen by the other participants. The Users apply the same code of conduct regarding the profile picture of other Users. Milton bv / SneakPeek disclaims and the User accepts any liability in this respect.
The above article expires when the show is presented in the SneakPeek app, instead of Whatsapp.
Use and access to the Website
These Terms of Use, which govern the terms and conditions of your use of the Milton bv / SneakPeek Services, are entered into between you (hereinafter “you” or the “User”) and Milton bv / SneakPeek, a company registered in Belgium with company number BE0758.609.482 and with its registered office at Nachtegalenlei 48, 2900 Schoten represented by the director Mathijs Scheepers (hereinafter “Milton bv / SneakPeek”)
The contact details of Milton bv / SneakPeek are as follows:
Address: Nachtegalenlei 48, 2900 Schoten
Email: info@sneakpeek.nu
These Terms of Use apply to any use of the Website and to any agreement concluded through the Website or through a website of a facilitating partner organisation* of Milton bv / SneakPeek. By visiting the Website or any website of a facilitating partner organisation* of Milton bv / SneakPeek, you declare that you have read these Terms of Use and accept their content as binding.
Milton bv / SneakPeek Services
For the purposes of these Terms of Use, the terms “Milton bv / SneakPeek Services” or “Services” are defined as any services that Milton bv / SneakPeek provides to you now or in the future.
More specifically, the terms “Milton bv / SneakPeek Services” or “Services” apply to the services offered by Milton bv / SneakPeek through its Platform, web portal and database available at www.Milton bv / SneakPeek.be (hereinafter the “Platform” and the “Website”). Through the Platform, Users can interact with Milton bv / SneakPeek to subscribe to (online) performances, to be informed of
activities of Milton bv / SneakPeek etc.
Permission
By using the Milton bv / SneakPeek Services, the Platform and/or the Website and/or any website of a facilitating partner organisation* of Milton bv / SneakPeek or through the SneakPeek app, you agree to and are bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use or access the Services, the Platform, the Websites, the SneakPeek app or any of its applications.
These Terms of Use, together with the “Privacy and Cookie Policy” (https://sneakpeek.nu/privacy-policy) constitute the entire agreement between you and Milton bv / SneakPeek, should no other (cooperation) contract be signed between you and Milton bv / SneakPeek. If a (cooperation) contract is signed, these Terms of Use are an addition to the clauses in the (cooperation) contract. In the event of any contradiction between these Terms of Use and your (cooperation) contract with Milton bv / SneakPeek, the clauses of the (cooperation) contract will prevail.
Milton bv / SneakPeek is the content creator of the performances and facilitates the Platform.
Milton bv / SneakPeek acts as content creator and facilitates the Platform and the SneakPeek performance or SneakPeek app shows. Milton bv / SneakPeek guarantees the quiet enjoyment of the online performances offered via the Platform, or via a website of a facilitating partner organisation* of Milton bv / SneakPeek, or the SneakPeek app, and via the app Whatsapp, the SneakPeek app, via email or other social media such as FB, Twitter, Instagram, TicToc and any proprietary apps. Milton bv / SneakPeek undertakes that, if you are unable to follow the performance in full due to technical problems proven to be due to Milton bv / SneakPeek and/or WhatsApp (or any other app used to follow the performance), you will be able to follow the performance again at a later time – free of charge – unless the problem is insurmountable, and unless no further follow-up edition is scheduled, in which case you can contact Milton bv / SneakPeek@Milton bv / SneakPeek. be and a ticket can possibly be provided for another performance of Milton bv / SneakPeek as compensation. In any case, this compensation can never be financial or have a higher value than the original purchase price of the ticket.
Exclusion and limitation of liability
Milton bv / SneakPeek has no control over the operation of third-party websites or facilitating partner organisations (e.g. CCs, festivals and other intermediaries that facilitate Milton bv / SneakPeek’s performance) although these third parties may also be Users of the Platform. Milton bv / SneakPeek makes no warranty as to the quality, timeliness, compatibility or legality of the ticketing performed or not performed as a result of using the Platform, the Website, the Services, or the SneakPeek app. Milton bv / SneakPeek makes no warranty as to the quality, compatibility, legality, correctness, accuracy or completeness of any content published on the Platform or the Website. Milton bv / SneakPeek is under no obligation to monitor any disputes between Users or to act as an arbitrator/mediator in disputes between Users or between Users and third parties. In particular, the liability of Milton bv / SneakPeek is excluded in case Users use each other’s phone number from the Whatsapp group or other social media to contact each other or use each other’s image.
Milton bv / SneakPeek excludes all liability and responsibility if disputes arise between Users or between Users and third parties (such as, for example, the CCs, festivals or other facilitators of the show) in relation to payments or invoices; if damages and/or costs and/or expenses are claimed from a User or from a third party by a User or by a third party (including governmental organisations), for any reason, in relation to the Services; in general, in the event of fault or negligence on the part of a User or a third party; etc.
Even though Milton bv / SneakPeek takes all reasonable efforts to ensure that the Platform, the SneakPeek app, the Website and the Services – excluding websites of any facilitating partner organisations* of Milton bv / SneakPeek – are operational and free of errors, the nature of the internet in general and of software in particular does not allow to guarantee continuous and error-free operation in all circumstances. You acknowledge and agree that all Milton bv / SneakPeek Services are provided as is (“as is”), and that neither Milton bv / SneakPeek nor its licensors or service providers make any express or implied warranties or representations as to the usefulness, condition or operation of the Services. Milton bv / SneakPeek does not guarantee that access to or use of the Milton bv / SneakPeek Services or the Platform will always be uninterrupted or error-free, or that any Milton bv / SneakPeek software or Services will meet certain criteria of performance or quality. Milton bv / SneakPeek and its licensors and service providers make (and disclaim) no implied warranties, including without limitation: warranties of visibility, fitness for a particular purpose, non-infringement, security, compatibility or accuracy.
Milton bv / SneakPeek excludes all liability and responsibility for any financial loss or loss of goodwill, reputation, or any form of damage arising from the use of the SneakPeek app, the Website, the Services or the Platform or from the inability to use the SneakPeek app, the Website, the Services or the Platform. You agree that neither Milton bv / SneakPeek nor any of its licensors or service providers will be liable for any damages (including consequential or special damages, including loss of opportunity, loss of data, loss of time, etc.) arising out of your use of the SneakPeek app, the website, the Services or the Platform or arising out of your inability to use the SneakPeek app, the website, the Services or the Platform, or arising out of the use or conduct of any third party in connection with the Services. You hereby waive all claims relating to the foregoing, as well as claims based on contractual basis, tort or other grounds, even if Milton bv / SneakPeek or any of its licensors or service providers were advised of the possibility that damages could occur. In any event, the entire liability of Milton bv / SneakPeek and its licensors and service providers and your sole remedy with respect to the use of the SneakPeek app, the Website, the Services, the Platform or with respect to any breach of these Terms of Use shall always be limited to the lesser of: (i) the amount you actually paid for using the Services in the three (3) months preceding the date of your claim or (ii) €250 (two hundred and fifty euros). You hereby indemnify Milton bv / SneakPeek and its licensors and service providers for all their obligations and liabilities, if any, and for any claims that would exceed this limitation.
The above disclaimers and limitations of liability do not apply in the event of gross negligence, fraud or wilful negligence on the part of Milton bv / SneakPeek.
Indemnity
As a User of the SneakPeek app, the Website, the Platform or the Services, you agree to indemnify and hold Milton bv / SneakPeek and each of its licensors and service providers harmless from and against any and all liabilities, costs (including attorneys’ fees) and damages arising from claims based on the use of your Milton bv / SneakPeek account, including any breach of these Terms of Use – or if a (cooperation) agreement was entered into between you and Milton bv / SneakPeek including any breach of the (cooperation) agreement – by you or by any other person using your account, any claim of defamation, libel, violation of privacy rights or publicity rights, any loss of service suffered by other Users, any infringement of intellectual property or other rights of Milton bv / SneakPeek or third parties, and any violation of applicable laws, regulations or conventions.
Profile - Account
Users can gain access to the Milton bv / SneakPeek Services by registering to create a profile/account on the Platform or website of a facilitating partner organisation* of Milton bv / SneakPeek,. The profile/account for the Milton bv / SneakPeek Services is personal to each User and cannot be assigned or transferred to third parties.
Users acknowledge and accept that Milton bv / SneakPeek has the right, at its sole discretion and in its full discretion, to reject requests to register a profile/account. As described above in Article 5, Users acknowledge that Milton bv / SneakPeek has the right – in the event of misconduct (this includes misconduct on Milton bv / SneakPeek’s social media) – also to undo the registration. Without the User being entitled to any compensation in that case.
Statements, warranties and responsibilities
As a User of the Milton bv / SneakPeek Services, you represent and warrant that you are at least 18 years old, or, if applicable, have reached the age of majority in the country, state or province where you reside. In addition, you represent and warrant that you have the legal right and ability to enter into these Terms of Use. You agree to be financially responsible for your use of the Milton bv / SneakPeek Services (and also for the use of your account by others). You undertake to fulfil all your responsibilities and obligations as stated in these Terms of Use.
Users represent and warrant that they will obtain and maintain adequate liability and other insurance as required by applicable laws or regulations. Milton bv / SneakPeek is under no obligation to monitor Users’ compliance with this statement and warranty. It is the Users’ own responsibility to check their contracting parties’ compliance with this statement and guarantee. Milton bv / SneakPeek excludes any responsibility and liability should a User of its Services fail to comply with these requirements.
Users acknowledge and accept that their use of the Milton bv / SneakPeek Services is subject to all applicable local, provincial, national and international laws and regulations. Users represent and warrant that they will comply with all applicable laws and regulations, including but not limited to laws and regulations relating to services or data, GDPR, taxes and social security; networks and communications (including spamming, hacking, defamation and libel, privacy, data theft, etc.); copyrights, patents, trademarks, trade secrets or other proprietary rights; and all other applicable laws and regulations in the broadest possible sense (whether of national law, European law or international treaties).
Users represent and warrant that they will not use the Services for illegal purposes; that they will not disrupt or interrupt networks connected to the Services; that they will not attempt to gain unauthorised access to computer systems, data or networks; that they will not circumvent any technical measures used by Milton bv / SneakPeek; that they will not collect information about Users without their prior written consent; and that they will not interfere with other Users’ use and enjoyment of the Services.
Users acknowledge and accept that Milton bv / SneakPeek will not be liable or responsible for Users’ compliance with this statement and warranty.
Milton bv / SneakPeek reserves the right to take any action with respect to the Services that Milton bv / SneakPeek deems necessary or appropriate (in its absolute discretion), if Milton bv / SneakPeek believes that you or your posts on Milton bv / SneakPeek’s Platform/social media or your conduct may compromise Milton bv / SneakPeek’s liability or that they may compromise or disrupt the Services for you or other Users, or that Milton bv / SneakPeek may lose the services of its own suppliers (in whole or in part) as a result. Milton bv / SneakPeek has the right to delete posts or suspend / cancel a User’s account at any time and for any reason, including if an unacceptable number of complaints were filed against a User. Milton bv / SneakPeek reserves the right, in its full discretion, to refuse or terminate the Services for any reason, without prejudice to the liability of Milton bv / SneakPeek.
Cost
If you pay Milton bv / SneakPeek directly, or pay through a facilitating partner organisation* of Milton bv / SneakPeek, you agree to pay all charges for your use of the Services at the price stated on the relevant Website. Milton bv / SneakPeek reserves the right to charge value-added taxes (“VAT”), as well as sales taxes or other taxes on the services, where applicable. Milton bv / SneakPeek reserves the right to change prices or charge new fees for accessing or using the Milton bv / SneakPeek Services. All changes in prices or costs (but not necessarily related to taxes) will be published on the Milton bv / SneakPeek Website or on the website of a facilitating partner organisation* of Milton bv / SneakPeek. It is your responsibility to regularly check such pricing information to take note of such changes in time. Continued use of the Services or failure to terminate your Milton bv / SneakPeek account after changes are published will constitute your agreement to the prices and fees as adjusted by the published changes.
If you pay to a CC, festival or other facilitator of a performance, you will be diverted to their website, and then the Terms of Use of that CC, festival or facilitator will apply, supplemented by the specific Terms of Use of Milton bv / SneakPeek, the Platform, SneakPeek, or the SneakPeek app and all associated services and applications.
Milton bv / SneakPeek is not liable for the content of websites linked to on the Website. Milton bv / SneakPeek is not liable for the content of websites of a facilitating partner organisation* of Milton bv / SneakPeek.
Milton bv / SneakPeek is not responsible for any price changes by CCs,festivals or other performance facilitators.
Payment to Milton bv / SneakPeek – excluding any payment made through a website of a facilitating partner organisation* of Milton bv / SneakPeek – must be made by credit or debit card chosen by you, or by such other payment method as Milton bv / SneakPeek may accept. If Milton bv / SneakPeek does not receive payment for your Milton bv / SneakPeek account by the due date, you agree to pay all amounts due immediately and upon simple demand. Each time you use the Milton bv / SneakPeek Services, or allow the Milton bv / SneakPeek Services to be used through your account, you agree and confirm that Milton bv / SneakPeek is authorised to charge your payment card or obtain payment for the Services by any means legally available to Milton bv / SneakPeek. You agree that Milton bv / SneakPeek may (when it deems appropriate) add or accumulate charges generated during your billing cycle and bill them as one or more accumulated amounts during or at the end of each cycle, and that Milton bv / SneakPeek may delay obtaining authorisation from your bank or credit card company until the amount to be billed has been added or accumulated. This means that accumulated or accumulated charges may appear on the statement you receive from your bank or credit card company.
If applicable – all invoices are payable at the time of receipt of the invoice or bill, and are overdue if not paid in full within thirty (30) calendar days from the invoice date. All undisputed invoices and bills that are past due shall automatically and without further notice be subject to late payment interest of one and a half per cent (1.5%) per month or the highest rate permitted by law (whichever is higher), as well as damages equal to ten per cent (10%) of the total outstanding amount with a minimum of EUR 250.
If you have any questions regarding any charges that have been levied, or if you wish to protest an invoice or statement, you must contact Milton bv / SneakPeek’s billing department in writing via Milton bv / info@sneakpeek.nu bv / SneakPeek.nu at the latest within fourteen (14) calendar days of the billing date.
Intellectual Property
All texts, characters, images, programmes, services, designs, software, or the SneakPeek app, technologies, trademarks, trade names, inventions and materials that make up the Milton bv / SneakPeek Service, the Platform, the Website, their applications, are wholly the property of Milton bv / SneakPeek and/or its licensors and service providers, unless expressly stated otherwise. You do not have the right to use Milton bv / SneakPeek’s trademarks, trade names, patents, copyrights or other intellectual property rights without Milton bv / SneakPeek’s prior written consent. You do not have the right to copy, transmit or distribute any copyrighted or patented material of Milton bv / SneakPeek without the prior written consent of Milton bv / SneakPeek. You may not create or acquire any intellectual property rights (such as, but not limited to, trademarks, trade names, logos, patents, copyrights, domain names and derivative/subtle rights) that are substantially similar to the intellectual property rights of Milton bv / SneakPeek. You may not use or attempt to use intellectual property rights of Milton bv / SneakPeek, including as a keyword or in any other way as part of advertisements on internet search engines or on social media.
The performances streamed via the Website, or the SneakPeek app may only be viewed, you may not make recordings of them nor copy texts or appropriate other intellectual property.
Milton bv / SneakPeek obtains permission from the Users to use their image on the Platform and in the Whatsapp group/Facebook group (or other Milton bv / SneakPeek social media) of the show during the term of the show to which the Users subscribe and as long as the Users have not deleted their image from their account themselves after the end of the show. It is technically impossible for Milton bv / SneakPeek to delete Users’ numbers/photos from a WhatsApp group (or other social media groups) after the performance, so it is the User’s own responsibility to do so.
Content posted on the Platform/social media of Milton bv / SneakPeek
Users represent and warrant that all content they publish on the Platform/social media of Milton bv / SneakPeek will be accurate, complete and lawful. Users agree that they will not publish content that is or could be defamatory, libellous, misleading, privacy-invading, inaccurate, false or otherwise incorrect or unlawful.
Users grant a worldwide royalty-free licence to Milton bv / SneakPeek to use and distribute any content they publish on Milton bv / SneakPeek’s Platform/social media or through the Services. Users waive, to the fullest extent permitted by law, their moral rights to the content they post on the Platform/social media of Milton bv / SneakPeek. Users promise not to assert any moral rights or other intellectual property rights against Milton bv / SneakPeek, its sub-licensees or its agents.
Milton bv / SneakPeek has the right, but not the obligation, to screen content posted on Milton bv / SneakPeek’s Platform/social media by Users. Milton bv / SneakPeek reserves the right to remove or delete content that Milton bv / SneakPeek believes violates these Terms of Use or any law or regulation, or that Milton bv / SneakPeek believes is or may be harmful to Milton bv / SneakPeek, its Users or third parties. Milton bv / SneakPeek will not be responsible or liable for the content posted by Users on Milton bv / SneakPeek’s Platform/social media or for the removal of any content. The listing of content on Milton bv / SneakPeek’s Platform/social media does not constitute an endorsement or recommendation of such content by Milton bv / SneakPeek.
User account and security
As part of the registration process, Users are required to provide an e mail address, name and phone number. Users are entirely responsible for keeping their password, username, account details and other log-in data or access codes confidential. Moreover, except where otherwise stated by law, Users themselves are entirely and exclusively responsible for all activities that take place through their account. Users agree to notify Milton bv / SneakPeek immediately of any unauthorised use of their account or any other breach of security or misuse of login data, if they become aware of it.
Privacy & Cookie policy
Milton bv / SneakPeek seeks to establish a relationship of trust with its Users, based on respect for personal identity and information of its Users. Users consent to Milton bv / SneakPeek processing and collecting in a database the personal data they disclose to Milton bv / SneakPeek through the Platform or through a website of a facilitating partner organisation* of Milton bv / SneakPeek. To demonstrate our commitment to User privacy, we have developed a Privacy & Cookie Policy, which forms an integral part of this agreement. A recent copy of this Policy is available at https://sneakpeek.nu/privacy-policy/. If we decide to change our privacy policy, we will post the changes to the “Privacy & Cookie Policy” on our Website, and in other places we deem appropriate, so that our Users are always aware of what information we collect, how we use that information, and under what circumstances, if any, we disclose it. We will always use this information in accordance with the “Privacy & Cookie policy” under which the information was collected. However, if we would like to use personal data of our Users in a way other than stated at the time we collected that data, we will notify Users via e-mail. Users will have the choice whether or not to agree to this different way we use the data in question. However, if Users have opted not to receive communications from Milton bv / SneakPeek, or if they have deleted or deactivated their account, they will not be contacted. In such cases, their personal data will not be used in the new way. In addition, if we make material changes to our privacy policy that do not affect User Data already stored in our database, we will make a prominent notice on our Website to inform Users of these changes. In some cases, where we announce notification of changes to our privacy policy, we will also notify Users who have chosen to receive e-mail correspondence from us via e-mail.
Your email address, phone number, name, any image and other personal data will be kept after the performance. Only if you have explicitly opted to be kept informed of Milton bv / SneakPeek activities will your email address be kept for that purpose. You always have the right to view, change or have your personal data deleted by simply sending an e-mail to Milton bv / info@sneakpeek.nu
Changes to Services
Milton bv / SneakPeek reserves the right to change or discontinue certain Services. If this affects your (cooperation) contract, you will of course be contacted first and a solution will be worked out. Milton bv / SneakPeek will not be liable to you or any third party should Milton bv / SneakPeek exercise its rights in connection with any changes or discontinuance.
Amendments to these Terms of Use
Except if and to the extent prohibited by law, Milton bv / SneakPeek may modify these Terms of Use at any time by (a) publish a revised version of the Terms of Use on the Milton bv / SneakPeek Website or the Platform, and/or (b) send information relating to the change to the e-mail address you have provided to Milton bv / SneakPeek. It is your responsibility to periodically review the Milton bv / SneakPeek Website for any such changes in a timely manner. You will be deemed to have accepted these changes by continuing to use the Milton bv / SneakPeek Services after these changes have been published or after information about these changes has been sent to you.
Miscellaneous
The failure of a party to compel the other party to strictly enforce any provision of these Terms of Use shall not be deemed a waiver by the first party of its rights to enforce that provision or any other provision of these Terms of Use in the future.
Milton bv / SneakPeek and the User(s) will remain independent independent parties. There is no subordination whatsoever. If necessary, the modalities of the cooperation are described in a (cooperation) contract to which these Terms of Use supplement. If there is a contradiction between the clauses of the (cooperation) contract and these Terms of Use, the clauses of the (cooperation) contract shall prevail. Nothing in these Terms of Use shall create a new relationship of joint venture, agency/agency, franchise, employment agreement or any other relationship between Milton bv / SneakPeek and the User(s).
Applicable law and competent courts
These Terms of Use are governed by Belgian law. In case of disputes arising from these Terms of Use or the use of the Services, only the courts of Antwerp shall have jurisdiction.
