Founding Moms grants you the rights set forth herein, subject to the following conditions: (i) you shall not modify, disassemble, reverse engineer or otherwise reduce to human - perceivable form all or any part of the Services; (ii) you agree not to submit or transmit any emails or materials through the Services that contain a virus, worm, Trojan horse or any other harmful component; (iii) you shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you; (iv) you shall not copy or imitate part or all of the design, layout, or look - and - feel of the Services or individual sections of it, in any form or media; (v) you are responsible for the accuracy and quality of the data and
content that you submit; (vi) you shall not submit
content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; (vii) you will use commercially reasonable efforts to prevent unauthorized
access to and / or use of the Services, and to notify Founding Moms promptly of any such unauthorized
access and / or use; and / or (viii) you shall not use the Services for any
unlawful purpose or to violate any federal, state, international law, code of conduct or other guidelines which may be applicable to the Services provided.
In this way, purchasers of the Filmspeler can
access, freely and easily,
unlawful streaming
content, which is a characteristic of the device the defendant, Mr Wullems, actively advertises.
Redress for injured parties could, for example, be sought directly from those who unlawfully upload and link to
unlawful content, although this might be difficult or burdensome; or through injunctions against intermediaries who would be required to block
access to such
content (an argument unsuccessfully made by AG Wathelet in GS Media, paras 80 - 87).
As long as the national data retention obligations do not concern the
content of the electronic communications and as long as they provide for safeguards that «effectively protect personal data» retained by service providers «against the risk of abuse and against any
unlawful access and use of that data» (§ 159), this requirement does not seem to create particular problems in the cases submitted to the CJEU.