MTB.guide is registered in The Netherlands under Chamber of Commerce number 70775141. Please send all correspondence to MTB.guide, Hekerweg 39 L, 6301RJ, Valkenburg, The Netherlands or contact us on Mondays through Fridays between 18:00pm. and 23:30 p.m. CET by telephone via WhatsApp as well as via e-mail.
If you do not accept these Terms please do not access and/or use the Services.
We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.2. CONCLUSION OF THE CONTRACT
Our offerings published in the Webshop are subject to change and are non-binding. Contracts shall only come into effect with the issue of a written acceptance or order confirmation by MTB.guide. Amendments, supplementary agreements, and changes as well as agreements regarding characteristics and quality assurances and the assumption of warranties are not considered effectively agreed upon until MTB.guide expressly confirms this in writing. In addition to these Terms, Terms and Conditions from other ecommerce platforms (like eBay) apply as well when buying via this platform.
By placing an order in the Webshop (which requires acceptance of these Terms), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the 2nd calendar day following the day of the offer. We are able to accept the order within this period.
Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the Section 11 (“RIGHT OF WITHDRAWAL”).3. ORDER PROCESS
The product presentations in our Webshop do not represent a legally binding offer. Instead, they serve as an invitation to the Customer to place a binding order for payment. By clicking the “Buy It Now” button, ordering over the phone or by e-mail, you are submitting a binding purchase order. With regard to how the products are equipped, only the product specifications contained in the digital catalogue are definitive and these may deviate from the photographs found therein. In the https://mtb.repair Webshop before submitting the purchase order, the order will be shown in your “shopping cart”. You can correct errors in your order in the “shopping cart” by changing the quantity of the products placed in the shopping cart or by clicking the “remove” button to delete individual items. Orders in the eBay Webshop will omit the “shopping cart”. When submitting your order (which requires acceptance of these Terms), we will immediately confirm this via e-mail. This order confirmation does not represent acceptance of your purchase order, but rather only serves to let you check your order. The contract is not concluded until a sales confirmation has been sent via e-mail or until the items are sent.4. PRICES & PAYMENT
The prices are indicated in euro (EUR, €) and include value-added tax (VAT) and all other price components aside from shipping costs. Shipping costs can be found in the overview of shipping costs.
For deliveries to countries outside the European Union, additional costs may arise which are beyond our control. They shall be borne by the Customer. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in the order form). All fees and expenses shall be at the expense of the Customer. The payment must be credited to the us in full without any deductions. If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract. Other payment methods must be agreed on a case-by-case basis.
The Customer shall bear the shipping costs. The shipping costs include the costs for a transport insurance against the usual risks of transportation if chosen. We will inform the Customer of the shipping costs in the order form.
The Customer shall bear the usual return shipping costs when exercising the right to revoke in case the delivered product is consistent with the ordered product.
Should the Customer fail to comply with the agreed obligations, we shall be entitled after an unsuccessful period of grace to make other deliveries of the Customer dependent on the provision of security, providing that there is a risk that the Customer will not pay on time, and a right of retention will be exercised. The delivery period shall be extended accordingly.
Claims for payment from us shall be due after the invoice is issued and upon delivery. The Customer defaults on payment if it has not made a payment within 14 days of receipt of the service and invoice, without the necessity of a reminder.
In the event of a default of payment, we shall be entitled to invoice default interest, at a rate of 2 percentage in case the Customer is a Consumer and a rate of 8 percentage in case the Customer is a business, over the full invoice amount. The assertion of any other claims for damages caused by the delay remains explicitly reserved.5. DISPATCH OF THE PRODUCT
(1) We shall dispatch the Product prior to or on the date of dispatch (i.e. the date on which the product is handed over by us to the carrier), as set out on the offer page when the Customer places the order; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days. If no date of dispatch is indicated, we shall dispatch the product at the latest within five business days for products specified as “available” (subject to a prior sale permitted pursuant to subsection 2 below) and within three weeks for any other products. Any such time period relevant to determine the date of dispatch shall begin upon receipt by us of the full purchase price (including VAT and shipping costs).
(2) In the event that the product has, upon placement of the offer by the Customer, been identified in the Webshop as “available”, we will keep sufficient quantity of the product in stock during a period of two business days following our acceptance of the order; unless payment is received by us within such period, we shall be free to otherwise sell the product. In such case, we shall dispatch the product during such period of five business days only as long as a sufficient quantity of the product is in stock. Otherwise, a period of three weeks as from the receipt of payment shall be deemed to be agreed upon for the dispatch of the product.
(3) In the event that our supplier fails to deliver in a timely manner any products which were not identified on the offer page in the Webshop (at the time of the order) as “available” or were sold out pursuant to subsection 2, the relevant date of dispatch pursuant to subsections 1 and 2 shall be extended until delivery is made by our supplier plus an additional period of two business days, but in no event by a period of more than three weeks. Any such extension shall be subject to the proviso that we have without undue delay ordered the relevant products from the supplier and that our supplier’s failure to timely supply the products is not a result of our fault or negligence.
(4) In the event that the product is no longer available, or cannot be timely delivered, for any of the reasons set out in subsection 3, we shall without undue delay inform the Customer thereof. In these cases, we will make an individual agreement with the customer regarding the time of delivery. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of any such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 (“LIMITATION OF LIABILITY”) of these Terms. In the event that the product is permanently not available, we will not accept the order. In this case, a sales contract with the Customer shall not become effective.
(5) In the event that we fail to keep a date of delivery, the Customer shall provide an appropriate grace period that may not be less than one week.
(6) Partial deliveries of Products included in the same order shall be permitted, provided that the Products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
(7) In case the Customer does not apply with an agreed pickup date, we will provide an appropriate grace period of one week and reserve our right of rescission of the contract. We will also inform the Customer separately of this consequence in connection with our information regarding the grace period.6. SHIPPING
For deliveries of orders to countries outside the European Union, customs and import duties may be applied when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Aforesaid charges are for example money transfer costs (transfer fees, exchange rate charges), customs duties or import taxes. Contact your local customs office for details.
Specific Products may be disassembled for safety reasons prior to shipment. For this reason, the Customer must fit these parts themselves. Written information on how to assemble and fit it to the bike are included with the delivery of the Product. In addition, manuals explaining how assemble and fit the parts are available through the product listing in the Webshop.
Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion. We shall bear the risk of transport in case the Customer is a Consumer.
We shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Webshop shall only be non-binding estimates.
We ask that you inspect the items upon delivery for any damage that may have occurred in transit. If any damage has occurred in transit, we ask you to inform us of this immediately. This non-binding request does not affect your warranty rights.
In case the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.7. RETENTION OF OWNERSHIP
Any product supplied by us remain the property of MTB.guide until they have been paid for in full. Prior to the transfer of ownership, any pledge or transfer of ownership by way of security is prohibited without the written consent from us.
The Customer shall only be entitled to offset amounts if its counterclaims have been legally upheld, are undisputed or have been recognized by us. In addition, the Customer shall only be authorized to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.8. RELIANCE ON INFORMATION ON OUR BLOG
Information published via our Blog is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our Services by you or by anyone who may be informed of any of the contents of our Services.
You acknowledge that when using our Blog you may be exposed to Materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such Materials. We do not endorse any user Contributions or any opinion, recommendation or advice expressed in any user Contribution and we disclaim any and all liability in connection with such user Contributions or other material.
We may change the content of our services at any time. We may suspend access to our Blog, or close them indefinitely at any time at our sole discretion. The Materials may be out of date at any given time and we are under no obligation to update them.9. LIMITATION OF LIABILITY
We accept no liability in respect of any user Contributions submitted by any of our users. Your use of our Blog, the Materials and/or any user Contributions is entirely at your own risk.
To the fullest extent permitted by law, we, our associates and third parties connected to us hereby expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of our Blog, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.
This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.
We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
Our Blog and Webshop are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with our Blog and Webshop and your use of our Blog and Webshop (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
We do not warrant that the functions contained in any Materials on our Blog and Webshop will be uninterrupted or error-free, that defects will be corrected or that our Blog and Webshop or the servers that makes them available are free of viruses or bugs.
Please note, that you are modifying your bike, when installing a MTB.guide Product. This means you might lose the original warranty on your bike, frame, bike parts or accessories once you have installed a MTB.guide Product. Our warranty does not include warranty on your complete bikes or frames or parts, that are not from MTB.guide.
Defects that have nevertheless occurred will be remedied at our discretion and at our expense through repair or providing new or refurbished parts or refund of the full original purchase price. Furthermore, we reserve the right to replace the item with that of another color/design or with a product of the same function. Other claims arising from this warranty, in particular, to damages or compensation for shipping or assembly costs are excluded. Your contractual or legal rights, however, are not affected by this warranty.
This limited one-year warranty is expressly limited to the repair or replacement of a defective Product, at the option of MTB.guide and is the sole remedy of the warranty. This limited warranty applies only to the original purchaser of the product and is not transferable. This warranty applies only to products purchased through our Webshop. In no event we be liable for any loss, inconvenience or damage, whether direct, incidental, consequential, or otherwise resulting from breach of any express or implied warranty or condition, of merchantability, fitness for a particular purpose, or otherwise with respect to MTB.guide Products except as set forth herein. This warranty gives the consumer specific legal rights, and those rights and other rights may vary from place to place. This warranty does not affect your statutory rights.Warranty Limitations
Your rights due to Product defects are determined according to the statutory provisions.
This warranty is not transferable to a subsequent purchaser. Our sole obligation under this warranty is to either, at its discretion: (a) repair the claimed defect at no charge, (b) exchange the Product with a Product that is new or which is at least functionally equivalent to the original Product, or (c) a credit amount, determined by us towards the purchase of a new Product. We must be notified in writing of any claim under this warranty within 60 days of any claimed lack of conformity of the Product.
The duration of any implied warranty or condition, of merchantability, fitness for a particular purpose, or otherwise, on this frame shall be limited to the duration of the express warranty set forth above. In no event shall we be liable for any loss, inconvenience or damage, whether direct, incidental, consequential or otherwise, resulting from breach of any express or implied warranty or condition, of merchantability, fitness for a particular purpose, or otherwise with respect to this frame, except as set forth herein. Some states or countries do not allow limitation on how long an implied warranty lasts and some do not allow exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights, which may vary, from location to location. This warranty will be interpreted pursuant to the laws of The Netherlands. No company or person (including but not limited to employees or agents of MTB.guide) are authorized to modify, enlarge or extend this warranty in any way or to make any other warranties, expressed or implied on behalf of MTB.guide. This warranty is not intended to confer any additional legal, jurisdictional or warranty rights to you other that those set forth herein or required by law. If any portion of this warranty is held to be invalid or unenforceable for any reason, such finding will not invalidate any other provision.
(2) Once we contact you, we will request digital photos of the damaged areas and the entire bike with all components still attached to it. We encourage that you send digital photos of the Product and all damage before stripping the connected bike parts / accessories down to ensure that the Product is (a) warrantable and (b) repairable.
(3) You will also need to e-mail or mail us a legible copy of your original proof of purchase showing the (a) date purchased and (b) your name and or address;
(4) Once the foregoing is completed, we will try to make the decision that the Product is (a) warrantable and (b) repairable using only photos you send. If we cannot you will need to disassemble the regarding bike parts / accessories and send the Product to us.
(5) Once we make a decision on the warranty, we will advise you via phone or e-mail. If not warrantable, we will advise on non-warranty options. If not repairable, we will advise of options in that case as well.
(6) If the Product is both covered under warranty and repairable you will be issued a return authorization (RA) number. DO NOT send in a Product without that number as that is the way the Product is tracked. RA numbers may also be issued in some cases where the Product must be inspected personally. Issuance of an RA number does not imply the Product is covered under warranty or repairable unless we indicate that in a written communication to you.
Only MTB.guide may determine if a Product is warrantable. If the Product is not covered under warranty, all replacement, repair, and shipping costs are responsibility of the customer. We cannot return unrepairable unwarranted Products to the Consumer if they are unsafe to use in their unrepaired condition. We will make the final decision on whether or not shipping charges will be charged for the shipping of the repaired or replacement Product.Warranty Exclusions
This warranty does not cover the following:
- Products that have been modified, neglected or poorly maintained, used for commercial purposes, misused or abused or involved in accidents. It is your responsibility to regularly examine the product to determine the need for normal service or replacement.
- Products that are covered by another seller or manufacturer’s warranty; this warranty does not extend, modify or replace any other warranty. Parts made by other manufacturers will be covered by the warranties of the respective manufacturers, please address your claim to them.
- Damage to frames, bike parts and accessories resulting from improper assembly (i.e. improper torque values used), repair or refinishing (i.e. sanding, painting, refinishing or the techniques used), the use or installation of parts or accessories not compatible with the original intended use or the failure to follow the product warnings, installation and usage instructions.
- Damage or deterioration to the surface finish, paint, aesthetics or appearance of the products (cosmetic blemishes) or damage due to UV ray exposure, sweat or salt air, corrosive mud or other chemicals.
- The labour required to remove and/or re-fit and re-adjust the products covered by this warranty or any product that it is attached to.
- Installation of components, parts or accessories not originally intended for or compatible with MTB.guide products
- All technical modifications made without our approval
- Damage caused by corrosion or use of cleaning products or additives
- Consequences of an accident, impact or crash
- Products arrived at the end of their useful life cycle
- Effects of saline environment or accidents / perforations due to winter climate
- Repainted products (entirely or partially)
- Products modified in any way
- Damage caused by shipping
- Assembly guides’ instructions not followed
- Cost of assembly / disassembly
- Transportation costs related to local repairs and replacement of parts (internationally)
- Any costs associated with returning or shipping warranted or non-warranted products.
- Normal wear to the product as well as damage to the finish/anodizing. Components may have symptoms of wear in less than their warranted time frame depending on amount of use, type of use and other conditions.
- Commercial claims made by any merchant, retailer, commercial seller or reseller (not on behalf of an individual consumer).
- Improper or inappropriate use of the bike outside of the intended or allowed use according to your bicycle manufacturer
In addition, the warranty does not apply if the bicycle shows damage or signs of wear that are caused by excessive stress of any kind, including falls and jumps. Excessive stress is present but not limited to in case of a deformation of a frame, fork or wheels. This is a consequence of overstressing and thus a sign of improper use.11. RIGHT OF WITHDRAWAL
Customers that are consumers have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us at
6301 RJ Valkenburg
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model Return Form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will be responsible for the cost of returning goods. Only in case of a warranty issue, we will be responsible for the cost of returning the goods. We cannot refund postage on warranty returns whereby the warranty has been declined. Costs for special services such as express charges, over-night services, pick-up services or similar services will not be refunded by us. You will be responsible for the goods until they are successfully delivered at our return address.
You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.12. USE OF OUR SERVICES
You agree to use our Services for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Services and in compliance at all times with these Terms and with all laws and regulations that apply.
In accessing and using our Services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You also agree not to adapt, alter or create a derivative work from any content on our Services except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on our Services for any other reason.
If you are under 16 you will need to obtain your parent’s or guardian’s permission before using any interactive features of our Services, such as transmitting or uploading any content onto our Services. If you are under 16 you must not reveal any personal information about yourself or anyone else, including your telephone number, home address or e-mail address, to us or to any other user of our Services.
We make no representation that any of the content on our Services is appropriate or available for use in your country. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.
All information, data, text, documents, designs, graphics, logos, designs, images, pictures, photographs, products, videos, podcasts, weblogs, RSS-feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on our Services (Materials) are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use the Materials other than as permitted in these Terms.
Except as specifically permitted on our Services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, sell or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the local laws and regulations.14. REMOVAL OF MATERIALS
We are entitled at our option, but are not obliged to (a) actively review user Contributions to our Services; and/or (b) remove any user Contributions submitted to our Services by you or any other user if, in our opinion, such user Contributions do not comply with these Terms.
We reserve the right in our sole discretion at any time without liability and with or without prior notice (a) not to post any user Contribution on our Services; (b) to remove or suspend or disable access to any user Contributions; (c) to revoke your registration (where applicable) and right to access and/or use our Services or submit any user Contributions; and (d) to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
In your e-mail, you need to provide us with the following information:
- Your name and e-mail address.
- The name of the website that you have been using.
- The statement that concerns you and why you feel it should be removed. If you think that the statement is factually incorrect, please tell us why (include a URL and/or screenshot).
- The location of the statement on our website.
- Whether you know who posted the statement and/or have the poster’s contact details.
- Whether you are happy for us to share your name and contact details with the person who posted the statement. Please note that we will only share your details if you agree to this.
We may enable users to transmit and/or submit (submit) contributions (including without limitation any text, photographs, graphics, video or audio material) to our Services (user Contributions ).
You remain the owner of the copyright in any original user Contribution that you submit. By submitting any user Contribution to any of our Services (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any user Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable license of the entire right, title and interest in and to such user Contribution so that we and any successor may use the user Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialize and otherwise make available to the public such user Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
The permission you have granted to us is not exclusive and therefore you may continue to use the user Contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
You authorize us to grant and we hereby grant to each user of our Services a non-exclusive license to view, hear, read, stream, download, link to and otherwise access your user Contributions to our Services through our Services and otherwise to use such user Contributions as permitted through the functionality of our Services and in accordance with these Terms.
You shall be solely responsible for your user Contributions and the consequences of submitting them to our Services. You promise that:
- the user Contribution is your own original work and you own the entire right, title and interest in and to the user Contribution and/or you have all necessary licenses, rights, consents and permissions to use and to authorize us to use any and all intellectual property rights (including without limitation copyright) in such user Contribution to enable us to use the user Contribution in the manner contemplated by these Terms;
- nothing in the user Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence under the Crimes of Terrorism Act) or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any Dutch or other applicable law or regulation;
- you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your user Contribution or in connection with your use of our Services, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 16), firm or enterprise to do so;
- the user Contribution does not contain any virus, corrupt file, cancelbot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spyware, malware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- you shall not forge any TCP/IP packet header or part of the header information in any user Contribution for any reason;
- you shall not submit any material or perform any actions that result in the transmission of junk e-mail, chain letters, surveys, contests, pyramid selling schemes, duplicative or unsolicited messages or so-called “spamming” and “phishing”; and
- we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any user Contribution.
You hereby waive all moral rights or similar rights now existing or created in the future in any part of the world in respect of any user Contribution and grant to us the non-exclusive, royalty-free worldwide right to use any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.
You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licenses and rights granted under these Terms.
All user Contributions will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or any Dutch or other applicable law or regulation.16. REIMBURSEMENT BY YOU
You agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of our Services other than in accordance with these Terms or any applicable law or regulation.17. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Services by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware, malware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorized access to our Services, the servers on which they are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service, distributed denial-of service or other type of attack.
Any breach of this provision constitutes a criminal offence under the Computer Crime Act III. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services, your downloading of any Materials on our Services or on any materials on any other website linked to it.18. LINKING TO AND FROM OUR SERVICES
You may link to the home page of any website within our Services without seeking our further written consent PROVIDED THAT you fully comply with these Terms.
You are not permitted to create a link to any part of our Services other than the home page unless you have our prior written consent (and for the avoidance of doubt, such consent shall be deemed given in respect of RSS-feeds, widgets and embeddable media players which we may make available PROVIDED THAT you use them in accordance with these Terms and any further instructions published through our Services). We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Code of Conduct. our Services must not be framed on any other site.
Any links to our Services must be made in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to our Services do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorized to use any of our trademarks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.
Links to our Services are not permitted from the following “Excluded websites”:
- websites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behavior;
- websites that promote, encourage or facilitate violence;
- websites that promote, encourage or facilitate terrorism or other activities that risk Dutch national security;
- websites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
- websites that promote, facilitate or encourage illegal activity;
- websites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under Dutch law; or
- websites which infringe individual privacy.
We have no control over the content or availability of third-party sites that you may access through our Services and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third-party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealings on any third-party sites are solely between you and the relevant provider of that site and/or any relevant service.19. RSS-FEEDS, WIDGETS AND EMBEDDABLE MEDIA PLAYERS
By downloading an RSS-feed from our Services or by adding our widgets or embeddable media players to a website you agree to be bound by these Terms, including for the avoidance of doubt the terms set out in this “RSS-Feeds, Widgets and Embeddable Media Players” section and the terms set out in the section above headed Section 18 (“LINKING TO AND FROM OUR SERVICES”).
Subject to these Terms, we grant you a non-transferable, non-sub-licensable, royalty-free, non-exclusive license to display on your website (Your website) the active links or other source identifiers and other information or materials that you specifically select to receive either from us via an RSS-feed or via our widgets or embeddable media players (our Content).
You may not directly or indirectly charge users specifically for accessing our content or otherwise commercialize such content, nor attempt to re-sell our content in any way. RSS-feeds and/or widgets and/or embeddable media players may not be used in connection with commercial activities.
You may not directly or indirectly change, edit, add to or produce summaries of our Content or any content on our Services nor place any of our Content in an HTML frame tags.
We may restrict, suspend or terminate our RSS-feeds, the content fed to our widgets or embeddable media players, the license granted herein or your use or access to the RSS-feeds, widgets or embeddable media players or our Content at any time without liability. You agree to destroy all copies of the RSS-feeds, widgets or embeddable media players and all our Content upon receiving notice of termination from us.20. PRIVACY
Parts of or all of the Services may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials22. ORDER OF PRECEDENCE
If there is any conflict between these Terms and any specific terms appearing elsewhere on our Services relating to specific material, then the latter shall prevail.23. APPLICABLE LAW & DISPUTES
The Terms and Conditions are governed by and construed in accordance with the laws of the Netherlands without giving effect to the conflict of laws provisions of the Netherlands.
Any dispute, including a dispute that only one party regards as such, arising from or connected with the interpretation or implementation of these Terms and Conditions or a Contract shall be brought exclusively before the court with competent jurisdiction for the district of Maastricht, except where statutory provisions stipulate otherwise.24. SEVERABILITY
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.25. LANGUAGE
The original English version of these Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version shall prevail.26. CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.