These Terms of Use (the "Terms") govern access to and use of the websites and related services operated by Soft Still Drift.
By accessing or using any of the Sites, you agree to these Terms. If you do not agree, you must not use the Sites.
These Terms should be read together with the Privacy Policy.
1. Operator
Soft Still Drift is a natural person established in the Netherlands, trading as Soft Still Drift ("Soft Still Drift", "I", "me", or "my").
Notices and requests under these Terms must be sent through the Contact page.
2. Definitions
In these Terms:
- "Sites" means the websites at softstilldrift.com, journal.softstilldrift.com, photos.softstilldrift.com, and design.softstilldrift.com, the file host at assets.softstilldrift.com, and any other Soft Still Drift website that links to these Terms.
- "you" means the person who accesses or uses the Sites.
- "Content" means text, photographs, video, audio, design, and other material on the Sites.
3. The services
The site. The site at softstilldrift.com presents Soft Still Drift and links to third-party platforms, including YouTube. Viewing material on those platforms is subject to those platforms' own terms.
Journal. The Journal publishes short written notes that accompany the films. An entry may include a still photograph and a link to the film on a third-party platform. Those platforms have their own terms.
Photos. Photos publishes one photograph a day. The photograph is served from assets.softstilldrift.com.
Tip jar. The site may offer a facility to make a voluntary monetary donation, one-time or recurring, processed by Stripe.
Soft Still Drift may change, suspend, or discontinue any part of the Sites at any time.
4. Eligibility
You must have legal capacity to enter a binding contract. If you use the Sites on behalf of another person, you confirm that you are authorised to bind that person.
5. Licence and intellectual property
Soft Still Drift owns or controls the Content, unless a page states otherwise. All rights that are not expressly granted are reserved.
Soft Still Drift grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Sites for your personal, non-commercial use, in accordance with these Terms.
You may link to the Sites. You must not:
- copy, reproduce, republish, or distribute Content in full without prior written permission;
- present Content as your own;
- remove notices of authorship or ownership;
- use Content for commercial purposes without prior written permission.
6. Acceptable use
You must not:
- use the Sites in a way that is unlawful, harmful, or fraudulent;
- attempt to gain unauthorised access to the Sites or related systems;
- introduce malware or other harmful code;
- impose an unreasonable load on the Sites, including by automated scraping that impairs their operation;
- impersonate Soft Still Drift or misrepresent your connection with Soft Still Drift.
Accounts and profiles that are not linked from the homepage are not operated by Soft Still Drift.
7. Third-party services
The Sites may link to, or rely on, third-party websites, platforms, and services, including YouTube and other services listed on a page. Those services are not under Soft Still Drift's control. Their terms and privacy policies apply. Soft Still Drift is not responsible for their content, availability, or practices. A link is not an endorsement.
The Sites are hosted by Cloudflare. Correspondence through the Contact page is handled using Fastmail. Donations are processed by Stripe. In each case, that provider's terms apply to its service.
8. Donations
A payment through the tip jar is a voluntary donation. It is not a purchase of goods, services, extra access, or any other consideration. It does not create a contract for future Content or features.
A donation may be one-time or recurring. You may stop a recurring donation through the customer tools Stripe provides, or by a request on the Contact page.
A donation does not qualify as a charitable donation. Soft Still Drift does not provide tax relief, a charity receipt, or tax advice.
Donations are non-refundable except where applicable law requires a refund.
Stripe collects and processes payment information. Soft Still Drift does not receive full payment card numbers. Stripe's terms apply to the payment.
9. Disclaimer of warranties
To the fullest extent permitted by applicable law, the Sites and the Content are provided "as is" and "as available". Soft Still Drift does not warrant that they will be uninterrupted, secure, free of errors or harmful components, or fit for a particular purpose. Soft Still Drift does not warrant that third-party platforms, Stripe, Fastmail, or Cloudflare will remain available.
10. Limitation of liability
Nothing in these Terms excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- intent or gross negligence;
- any other liability that cannot be excluded or limited under Dutch law.
Subject to the paragraph above, Soft Still Drift is not liable for:
- loss of profit, revenue, business, goodwill, or data;
- indirect or consequential loss;
- loss arising from your use of, or inability to use, the Sites;
- loss arising from a third-party site, platform, or service, including YouTube, Stripe, Fastmail, and Cloudflare;
- loss arising from a donation, or from a decision not to make one.
Subject to the first paragraph of this section, Soft Still Drift's total liability arising out of or in connection with the Sites or these Terms is limited to the greater of fifty euro (50 EUR) and the amount you paid directly to Soft Still Drift (if any) in the twelve months before the claim, excluding voluntary donations.
11. Indemnity
You shall indemnify Soft Still Drift against claims, losses, and reasonable costs arising from your breach of these Terms or from your unlawful use of the Sites, except to the extent caused by Soft Still Drift's intent or gross negligence.
12. Changes
Soft Still Drift may amend these Terms by publishing a new version on this page and updating the date at the top. The new version takes effect when published. If you continue to use the Sites after that date, you accept the amended Terms. If you do not accept them, you must stop using the Sites.
13. Suspension
Soft Still Drift may suspend or restrict access to the Sites where reasonably necessary to protect the Sites, to comply with law, or to address a breach of these Terms.
14. General
If a provision of these Terms is held invalid or unenforceable, the remaining provisions continue in effect.
A failure to enforce a provision is not a waiver of that provision.
You may not assign your rights under these Terms without prior written consent. Soft Still Drift may assign these Terms in connection with a transfer of the project.
These Terms, together with the Privacy Policy, are the entire agreement between you and Soft Still Drift in relation to the Sites. They replace any prior statements about the Sites.
These Terms do not create a partnership, agency, or employment relationship.
Provisions that by their nature should survive, including intellectual property, disclaimers, limitation of liability, indemnity, and governing law, survive the end of your use of the Sites.
15. Governing law and forum
These Terms are governed by the law of the Netherlands, excluding its conflict-of-law rules.
The courts of the Netherlands have jurisdiction. This does not deprive you of any mandatory protection you have as a consumer under the law of your country of residence in the European Union, nor of the right to bring proceedings in the courts of that country where such a right cannot be waived.
16. Contact
Use the Contact page.