(effective date of this Policy: March 1st, 2018)
Welcome to zinezoo.com!.
zinezoo.com is brought to you by @@@TODO_bedrijf, which does business as zinezoo.com, and which will be referred to here as "zinezoo.com" the "Company," or by words such as "us," "we," or "our." As used herein, the term "Website" means www.zinezoo.com. The Website will enable you to browse, purchase licenses to, and read, in digital form, the articles or zines Website ("Digital Content"). "Digital Content" IP may be owned by the Company, and is then referred to as the "zinezoo.com Materials", or it may be a user of the Company website who created that content, from hereon referred to as the "Creator" ("Creator"). The Creator may create Digital Content, and it will be referred to in this case as "User Content". The Creator may create Articles ("Articles") which are a series of zero or more Pages ("Pages"), and a Creator may create an Zine ("Zine") that may contain zero or more articles, and the Creator may create Channels ("Channels") in which to feature Articles or Zines either created by themselves or by other Creators. The Creator can post Images ("Images"). An Image can function as a cover for an Zine or Article, or it can function as a Page of an Article.
By using the Service, you agree that you have read and understood, and agree to be bound by, this Agreement. If you do not agree, you may not use the Service.
1. Other Applicable Terms of Service
When you pay on our website, that is handled by other companies, and they have their terms too.
2. Limited License to Digital Content
You are allowed to have documents for free or for payment, but you are not allowed to give the documents to others.
A. Subject to your complete and ongoing compliance with all the terms and conditions set forth in this Agreement (including, without limitation, payment of any applicable fees, including fees for Digital Content you license), the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access the Digital Content for your personal and commercial use. Such license does not confer on you any ownership interest in such Digital Content. Words such as "purchase" or "sale" (and similar terms, including all tenses), as applied to Digital Content (including any Digital Content either the Company or other Creators make available for free through the Website), refer to the grant to you of a limited license as described herein.
B. We make available to you a DRM-Free Pdf ("DRM-Free Pdf") of certain Digital Content. DRM-Free Pdfs are digital files without access control features designed to prevent you from copying the files to your computer or other compatible device. They are provided as the primary versions of the Digital Content to which they relate and will have all of the features and functions of the primary versions of the Digital Content. DRM-Free Pdfs are Digital Content for purposes of this Agreement, are provided solely for your personal use, may not be transferred to others, and are subject to all of the terms of this Agreement, except that you may copy DRM-Free Pdfs solely for your personal use.
Behave when you use our website.
A. You may not sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, or prepare any derivative work based on the Service, or publish or otherwise make the Service available to others. You may not, and may not encourage, authorize, or assist others to, (a) except as expressly authorized by applicable law, reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Service, or make or attempt to make any modification to the Service, (b) modify, defeat, interfere with, or circumvent any feature of the Service, including any security or access control mechanism, including features requiring payment of the applicable purchase price for any Digital Content, (c) attempt to probe, scan or test the vulnerability of the Service or to breach any security or authentication measures, regardless of your motives or intent, (d) attempt to damage, interfere with, or disrupt the Service to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse, (e) attempt to disguise the origin of any message or transmittal that you send to or through the Website or the Service, including by forging headers or otherwise manipulating identifiers, (f) pretend that you are, or that you represent, someone else or impersonate any other individual or entity, (g) intercept any system data, personal information, or other data relating to the Service, (h) remove any proprietary notices or labels on the Digital Content or other components of the Service, (i) use the Service for any unlawful purpose, (j) take any action that would impose an unreasonable or disproportionately large load on our network or other infrastructure, or (k) use or launch any automated system, including any "deeplink", "page-scrape", "robot," "spider," "offline readers," or other method or system that accesses, acquires, copies, or monitors any part of the Service in a manner that sends more requests to the Company's servers or other infrastructure in any period of time than a human being could reasonably produce in the same period of time by conventional manual means (provided that the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and the Company reserves the right in its sole discretion at any time to revoke such permission either generally or in specific cases).
You may not be able to use the website in the future.
B. The Company reserves the right to revoke your license to the Digital Content if you violate the terms of this Agreement, any applicable or the Company cannot lawfully continue to permit such license. You acknowledge and agree that Digital Content may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of Digital Content or if the Company or the owner or licensor of the Digital Content no longer has the legal rights necessary to authorize distribution of that Digital Content. The Company, or the Creator of the Digital Content, may modify or discontinue the offering of any Digital Content at any time. After Purchase, you have a thirty-day period in which you can download a DRM-Free Pdf of the Digital Content. After that, the Digital Content and the DRM-Free Pdf may be unavailable because either the Company or the Creator removed the Digital Content from the Website. If you fail to download the DRM-Free Pdf, and a unit of Digital Content becomes unavailable after the 30-day period after you purchase it, you are not entitled to a refund of the purchase price paid for such Digital Content. Any unauthorized use by you of the Website or the Digital Content automatically terminates, as of right and without judicial means, the license set forth in this Agreement, without prejudice to any other remedies provided by applicable law or this Agreement.
C. If you are prohibited under applicable law from using the Service you may not use it.
Make sure you are legally allowed to enter into a contract with us and use this website.
D. You may use our Products only if you can form a binding contract with zinezoo,com, and only in compliance with these Terms and all applicable laws. When you create your zinezoo.com account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited.
Make sure you're either old enough, or that you have permission from the grown-ups who are looking after you.
E. You must be at least thirteen (13) years old to use the Service. Use of the Service by anyone under the age of thirteen (13) is unauthorized and unlicensed. If you are between thirteen (13) and eighteen (18) years old, you may only use the Service with the approval of your parents or guardian.
If you're using zinezoo.com for your job, you promise that your boss knows about it and approves.
F. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
You must be a human being, because for VAT TAX reasons, we can't currently offer services to other businesses.
G. You warrant that you are a natural person and not a business or other legal entity.
If you post your content on this website, it still belongs to you but we can show it to people and others can buy and save it.
zinezoo.com allows you to post content in the form of Articles which consist of Pages stored as Images. In addition, zinezoo.com allows you to collect Articles from you or other Creators into Zines, and to feature Articles or Zines from you or other Creators in Channels.
Anything that you as a Creator post or otherwise make available on our Website is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to zinezoo.com.
You grant zinezoo.com a non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, worldwide license to use, store, display, reproduce, save, perform, and distribute your User Content on zinezoo.com solely for the purposes of providing the zinezoo.com Service, including, but not limited to, allowing zinezoo.com to also store your User Content in a pdf and make the pdf available for download to people who have a license to access the User Content, or for an editor who was given that role by zinezoo.com to feature your content on a prominently visible page, and for zinezoo.com to use parts of or the whole of Images that are part of an Article, which are marked by you as being either free or for preview purposes, including the cover, the title and description, for zinezoo.com to be used for promotional purposes, including, but not limited to, newsletters both digital and print, and printed books, flyers and zinezoo.com business cards and advertisements on other platforms and in print.
We may pay you an advance against royalties.
In addition, zinezoo.com may offer, and you may accept, an advance against royalties, whereby the you grant zinezoo.com an exclusive license for a fixed period, the duration of which may be negotiated before the advance is accepted. During the fixed period, the article, including but not limited to its pages, title, description and price, may not be modified or removed from the platform. After the fixed period, the license reverts to a non-exclusive license, and you may at your discretion pay back any remaining royalties. When, after the fixed period has ended, the entire advance has been paid or earned back, you may again modify or remove the article or change the title, description or price.
You may give us permission to advertise in your articles or zines.
At your discretion, you may give Zinezoo.com permission to put advertisements in your Zines or Articles, including pages that advertise zinezoo.com itself, and advertisements that promote other companies, or pages that promote Zines, Articles, Channels or other things related to other Creators on the zinezoo.com website, in exchange for a per-pdf payment to you which may go to paying back the advance against royalties or to lowering the price of the pdf.
After customers pay your price, you give them permission to download and read your articles.
In addition, for a fee to be determined by you, after a zinezoo.com user has paid the fee, you grant that user a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use, store, display, reproduce, save and perform your User Content for personal use and to download it as a pdf, and to use your User Content within the context of zinezoo.com as the User Content was intended to be used, including, but not limited to, adding Articles you created to Zines not created by you, or to feature Articles or Zines you created in Channels not created by you.
You are not giving us or our users permission to modify your User Content or to create derivative works of your User Content, other than through your explicit consent, to for example add a watermark at your request.
Nothing in these Terms shall restrict other legal rights zinezoo.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
If you post inappropriate content, we will remove it.
Failure to adhere to any of the following will result in your account being suspended or removed completely from our website. In addition, we may report you and your content to the appropriate authorities if we believe your User Content or activities on the Website violate a law or applicable regulation.
If you come across User Content that seems to break these rules, you can report it to us.
The list below is not exhaustive, and in addition to the reasons listed below, we reserve the right to, at our discretion, remove content for any other reason we deem valid.
A. A Creator may post User Content that is of a sexual nature, including, but not limited to, nudity, porn, erotica or depiction of sexual acts. When such content is posted by you, the Creator, you shall mark that content as such so that we may hide that content from users who don't want or should not see that User Content, in particular in order to protect minors who may visit this Website.
B. At our discretion, we may remove, and you may not post User Content that contains, hate speech and discrimination. We also remove accounts that are associated with groups or individuals that promote either.
C. At our discretion, we may remove, and you may not post, User Content used to threaten or organize violence or to support violent organizations or that is used to bully either a natural person or an organisation.
D. At our discretion, we may remove, and you may not post, User Content that promotes selling or buying of regulated goods, including but not limited to drugs, alcohol, tobacco, firearms and other hazardous materials.
E. At our discretion, we may remove, and you may not create, accounts that impersonate any person or organization.
F. At our discretion, we may remove, and you may not post, User Content that infringes on anyone's intellectual property, trademark, portrait, privacy or any other rights.
G. At our discretion, we may remove, and you may not post, User Content that violates any laws or regulations
H. At our discretion, we may remove, and you may not post, User Content that uses zinezoo.com's name, logo or trademark in a way that confuses people.
We welcome your feedback.
We value hearing from our users, and are always interested in learning about ways we can improve zinezoo.com. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, zinezoo.com does not waive any rights to use similar or related Feedback previously known to zinezoo.com, or developed by its employees, or obtained from sources other than you.
7. Third-party links, sites, and services
A fellow user may post a link to content we don't control.
Our Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by zinezoo.com. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from zinezoo.com, you do so at your own risk and you agree that zinezoo.com will have no liability arising from your use of or access to any third-party website, service, or content.
8. Intellectual Property and Other Rights
Do not copy anything relating to this website.
A. The Service is owned and operated by the Company. The Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the zinezoo.com Materials), are protected by laws relating to confidentiality and the protection of intellectual property and proprietary rights, including copyright, patent, and trade mark laws. All zinezoo.com Materials, including intellectual property rights therein and thereto, are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use the zinezoo.com Materials except as expressly authorized by this Agreement and/or applicable law. The Company reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest in or to the zinezoo.com Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement.
Do not copy anything you didn't purchase from this site.
B. Digital Content owned by third-party Creators may be on offer for purchase, for payment of for free, on the Website. The Intellectual Property of this Digital Content is fully owned by the original Creator, or the Intellectual Property owner if the original Creator sold the Intellectual Property.
9. Reporting Infringement
Please us if you see something bad happening on our website.
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your intellectual property rights, you should contact us and provide sufficient information for us to investigate the claim further. If you need information or have any claim about the Service, please contact us through .
10. Registration, Purchases
In order to buy something, you first need to make an account.
A. To use some components of our Service, including the purchase of Digital Content through our Website, you must have an account with us. To create an account, you use our online registration process as follows:
i) You provide the information required by our online registration form, including your email address and you choose your username and password;
iii) This step being taken, your account is created. We send you an email acknowledging your registration. You click on a link in your email to validate the account and your email address.
You may not share your password, and you may not let anyone access your account or do anything that might put your account at risk.
B. Certain features of the Service, such as purchasing a license to view certain Digital Content, require the payment of fees. All such fees must be paid in advance. The applicable fee and payment option are specified on the Website. The price remains valid as long as it remains accessible. Except if otherwise expressly stated on the Website, no delivery fee applies.
C. The purchase process is as follows on our Website:
i) You select the items you wish to purchase and place them in your cart;
ii) You provide you payment method, including any information required to identify and validate your payment method;
iii) You view your cart, which will show the items to be purchased and will give you the option to remove any or all items from your cart;
iv) You proceed to checkout, which will again show you the items to be purchased and will allow you to return to your cart, where you may remove any or all items;
v) You complete your order, and we send you an email confirming your purchase.
Digital Content is made available to you immediately after payment, therefore once you have paid for the Digital Content, the Service will have commenced and you will have no right to cancel and receive a refund. You will in addition be provided with a link to the DRM-Free Pdf copy of the Digital Content. This link shall remain valid for 30 days, after which the DRM-Free Pdf may not be available anymore, as it may have been removed by the Company or the Creator of the Digital Content. It is your sole responsibility to download the DRM-Free Pdf in a timely manner.
are available on the Website and apply to your use of the Website and the Service.
If you buy something, you have to pay for it.
Digital Content shall consist of Articles ("Articles") or Zines ("Zines") that collect one or more Articles. The Articles are the items for which a license fee needs to be paid.
The price of an Zine shall be determined to be the sum of the prices of the individual Articles contained in the Zine. When an Zine is sold, each Creator shall receive their share, defined as the price of the Article they are providing a license to.
The price of an article may be specified in any of a selection of currencies supported by this Website. The user who purchases the article may want to pay in another currency. For this purpose, zinezoo.com downloads a list of currency conversion rates from the website of the European Central Bank every day at around 17:30. These currency rates are used to convert between different currencies. zinezoo.com also charges a small conversion fee for conversion between the Euro and another currency. The size the fee may depend on the potential daily random volatility in the relevant currencies and is determined at zinezoo.com's discretion. zinezoo.com converts from and to Euro, and if a conversion needs to be made from one non-Euro to another non-Euro currency, a currency conversion fee will be paid twice; once for converting from the original currency to the Euro, and once for again converting from the Euro to the intended currency.
For the purchase of Digital Content, either Article or Zine, VAT will be charged where the Company is legally obligated to do so, and for the processing of transactions, a third-party company like PayPal may be used. They may charge additional fees, and they may charge additional VAT as legally required.
We get 30% off each sale.
zinezoo.com takes a 30% commission off each sale on this site. If there is an advance against royalties that was not fully paid back yet, 30% of the sale price will go towards paying back the advance. The rest of the money made through the sale goes to the Creator of the Article, or the creators of the Articles in case the Digital Content is an Zine. The Creator of the Zine shall not receive money for composing an Zine, except for the Articles created by that Creator which are included in the Zine. The money paid for the purchase is paid out to the Creators of the Articles in the form of royalties.
At the Company's discretion, the Company may change the commission fee percentage and the and the advance payback percentage at any time, and in addition, the Company reserves the right use different fee percentages and advance payback percentages for different Creators.
The Company keeps a tab of the royalties due because of Article sales, and the Company may pay out in regular intervals, or it may offer the option to request payment of royalties. The Company will try to pay out royalties accrued as quickly as possible. The Company has set a limit of EUR 100 in royalties that it can pay out, and it reserves the right to, at its discretion, change this minimum limit on royalties that can be paid out, and if a member is owed an amount less than that minimum, royalties may not be paid out.
13. Changes to this Agreement
If we make changes to this agreement, we need to ask you to accept these changes before you can continue using this website.
The Company may change this Agreement at any time. The Company may notify you of such changes by posting or displaying the revised Agreement on the Website, by email, or by any other method the Company chooses in its discretion. Changes are effective (the "Effective Date") when the revised Agreement is made available through the Website or through any other method the Company chooses, or at any later date specified in the revised Agreement. Your use of the Service, including the Digital Content, will be governed by the Agreement as changed. No changes to this Agreement will apply to your use of the Service prior to the Effective Date. The Agreement will note the effective date of each version.
All sessions will be closed, and you will be required to consent to the changes on next log-in, before being able to continue using the services provided by zinezoo.com.
Your account may be shut down by you or by us.
The Company may terminate the Service and block or disable your access to the Website at any time, except as prohibited by applicable law. You may terminate the Service and shut down your account at any time by terminating it in on your personal Account
page. We are obligated by EU Privacy law to provide you with a "the right to be forgotten". Shutting down your account is the operation that allows you to do that, and to remove all personal data relating to you from the Website, including your user profile, channels, zines, articles, and pages and covers of articles and cover images of zines, and all information relating to your purchases and follows, or of other people following you or purchasing your Digital Content, and all your sessions information.
You may give zinezoo.com permission to pay you an advance against royalties. If you accept an advance against royalties, you accept that you can only shut down your account after any remaining royalties have been paid back. In addition, you can only shut down your account after you have collected remaining royalties. zinezoo.com reserves the right to shut down your account even if your royalties balance is not zero. If royalties are pending, zinezoo.com will make reasonable efforts to pay out royalties due before shutting down your account. If zinezoo.com decides to shut down your account, you are not required to pay back any outstanding advances on royalties.
After termination of your account, data and statistics that can not be traced back to you may remain on the server, as well as log files that contain information about you. Some emails that were generated automatically by the server in order for us to be able to monitor the server may still contain some of your personal data. In addition, Digital Content people purchased from you may be available from the Website for another 30 days.
This process can not be reversed, your personal data is really removed from the site and the Company can not restore your personal data after you shut down your account.
12. Disclaimer of Warranties
Unfortunately, people post bad stuff on user-generated content sites like zinezoo.com. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NONINFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, OF ANY KIND, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, APPROPRIATENESS, AND TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, AND THEIR SUCCESSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND BUSINESS PARTNERS (COLLECTIVELY, THE "COMPANY AND ASSOCIATES") WILL NOT BE LIABLE FOR LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE, ARISING OUT OF OR RELATING TO THE SERVICE, OR ANY DAMAGES ARISING OUT OF OR RELATING TO UNLICENSED OR UNAUTHORIZED USE OF THE SERVICE, OR FOR ANY LOSSES WHICH ARISE INDIRECTLY AS A RESULT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OR BASIS OF THE CLAIM AND WHETHER OR NOT THE COMPANY AND ASSOCIATES HAVE BEEN ADVISED OF, KNOW OF, OR COULD FORESEE THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY AND ASSOCIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE YOUR CLAIM AROSE, OR ONE HUNDRED EUROS, WHICHEVER IS GREATER. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF LIABILITY OR FOR CERTAIN TYPES OF LIABILITY TO BE LIMITED, AND, ACORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS AND CONDITIONS AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
14. Basis of the Bargain and Risk Allocations
You agree that this is a fair agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THOSE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE DISCLAIMERS AND LIMITATIONS.
If we are sued because of something you did, you have to pay our costs.
You agree to reimburse the Company and Associates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable legal fees and costs of investigation whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of this Website, your User Content, your violation of this Agreement, or your violation of any applicable law or regulation.
We are Dutch and so we have to abide by the Dutch laws.
To the maximum extent permitted by applicable law, all matters arising out of or relating to this Agreement shall be governed by Dutch law. To the maximum extent permitted by applicable law, any actions between the Parties arising out of or relating to this Agreement shall be brought only in the courts of the Netherlands.
Don't use this website if it is illegal to do so.
Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. The Company may limit or deny to any person, in its sole discretion, access to any feature, product or service.
Abiding by the law is more important than abiding by this contract.
If any provision of this Agreement is held to be unlawful, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect, and to the maximum extent permitted by applicable law, the illegal, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term.
19. Captions and Terminology
This explanatory text is not a part of the agreement and is here to explain the agreement in plain English.
The title of and captions in this Agreement are for the convenience of the reader and shall not affect the interpretation of the Agreement. The terms "include," "includes," "including," and "such as" mean "include, without limitation," "includes, without limitation," "including, without limitation," and "such as, but not limited to," respectively.
We may let other companies do things for us on this website, but you may not do that without our permission.
The Company may, in its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold in its sole discretion, shall be void.
Together with the privacy policies, this is the entire agreement between you and this website.
together form the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, arrangements, understandings, and representations, whether oral or written, regarding the subject matter hereof. This Agreement may be changed only by the Company as described in Section 13, or by a written agreement signed by you and an authorized executive officer of the Company.
If we don't exercise a right, that doesn't mean that we lose that right.
The failure to exercise, or delay in exercising, a right, power, or remedy available under this Agreement or applicable law shall not constitute a waiver of that right, power or remedy. Waiver by the Company of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or other breach of the this Agreement.
26. Contacting the Company
You can always contact us through .
The Service is offered by @@@TODO company name. If you have any questions or concerns about the Service, you may contact us through .