General Terms and Conditions
GENERAL TERMS AND CONDITIONS and PRIVACY STATEMENT
Micromedia BV (KvK: 09139118) (www.safedigital.eu) (BTW: NL8129.77.919.B.01)
6541 BW Nijmegen
1 – ACCESS TO AND USE OF WEBSITE
1.1 The access to and use of www.safedigital.eu (hereinafter jointly referred to as: "the Website") and the Services as described in article 2, are at all times exclusive and fully subject to the provisions of present general terms and conditions.
1.2 You will not use the Website/Services for illegal purposes, purposes which are in conflict with the objective/character of the Website and/or the Services, present terms and conditions or purposes which are otherwise in conflict with generally accepted standards.
1.3 We retain the right to adjust or amend these terms and conditions at any desired time. We therefore advise you to regularly inspect these terms and conditions for amendments and/or addendums.
2 – THE SERVICES / REGISTRATION
2.1 We deliver by means of the Website (digital media) downloads and streaming services (the “Services”). Access to the Services is offered by the various retailers and producers affiliated with us. They provide the consumer after purchase of the Services with customer information with which they can download or stream the Services on the Website. The user must register on the Website for this purpose by means of entering his/her first name and surname, gender, a valid email address and a password.
2.2 These Services are exclusively intended for your personal use and not for (semi)commercial use. The copying of the downloads or the streams in order to trade or reissue these is expressly prohibited.
3 – MINORS
3.1 The purchasing of the Services is reserved for persons of 16 years of age or older.
3.2 We attach a lot of value to the privacy and security of our users, in particular that of minors. Parents, who wish to give their children access to, and wish to have their children make use of the Website/Services, must supervise this access and this use. When you give your child access to the Services, you give your child access to all Services. It is therefore your responsibility to determine which Services are suitable for your child. Always be careful when you disclose personal identification data of yourself or of your children through the Website/Services.
4 – PRIVACY
4.1 This article sets out which how we collate and deal with this data. Additionally, it stipulates for which purposes this takes place and what rights you, as user/consumer of the Website/Services, have and how these can be enforced.
4.2 We respect and protect the privacy of users of the Website/Services and adhere to the legislation concerning data protection as recorded inter alia on the Personal Data Protection Act.
4.3 When you register for the Website and/or the Services you will be requested to provide the (personal) data referred to in article 2.
4.4 The data will be exclusively used by us, our (European) sister companies or by the retailers and producers affiliated with us and who sell the Services.
We use the data with the objective of enabling you to download/stream the Services and to inform you about changes or updates with regard to the Website/Services. We also use the data to assist you, on your initiative, in the event of problems during the downloading/streaming of the Services. This can mean that the data is used by a (European) sister company of ALSO-Digital AG, established in Emmen, Switzerland. ALSO-Digital operates throughout Europe.
In addition this data can be analysed to adjust our offer, as well as the offer of our retailers and the producers affiliated with us, in order to fit the interests and requirements of our users - after a justified request for this purpose – as optimally as possible. The data can - after you have provided express permission for this - be used for direct marketing purposes. In case of such direct marketing there will always be connection to the Services already purchased by you.
If you were to object to this use then you can report this by sending an email to email@example.com, stating ‘objection to direct marketing’.
4.5 You have at all times the right in conformity with the Personal Data Protection Act to view the processed personal data, to improve (have improved) or remove (have removed) the processed personal data. Registered users can make contact in writing for this purpose with firstname.lastname@example.org. We do not accept any liability whatsoever as a result of errors or incompleteness of the data entered by users.
4.6 The storage and transfer of the data provided by you is secured by the usual technologies for this. The data is treated with strict confidentiality and is not available for sale to, or use by, third parties.
4.7 We do not keep personal data for longer than permitted by law. When personal data is no longer necessary for the objectives described in these terms and conditions the personal data is removed.
4.8 We make use of (temporary, functional) "cookies" in order to be able to conduct the registration process and to improve the usability of the Website, as well as to analyse information regarding visits to the Website in order to optimise the Website.
5 – ACCOUNT, PASSPORT AND SECURITY
5.1 If the Website and/or our Services require that you open a personal account you must complete the registration process and provide up-to-date, complete and accurate details and register an email address and password. You are personally responsible for keeping the email address and the password confidential, as well as for all activities which take place with, or by making use of, your account. If your account, email address and/or password are used unlawfully or if you notice that there has been another breach of security of the Website then you will be obliged to immediately inform us of this.
5.2 We will never be liable for any type of costs, damage, loss which might arise as a result of the fact that your email address and/or password have come into the possession of others. It is not permitted to use the account of someone else, unless when the account holder concerned has given express permission for this.
6 – WEBSITE USE
6.1 All information, text, images, software, programs, logos, photos, moving images, sounds, drawings and other materials on the Website (the "Content"), regardless of whether these have been made public by publishing or transferred privately, fall exclusively under the responsibility of the person or the company (retailers and/or producers) from whom the Content concerned originates.
6.2 We do not inspect the Content and do not approve this, nor do we guarantee the accuracy, integrity or quality thereof. The use of the Website/Services can have the result of you being exposed to offensive or otherwise unsuitable Content. We will not be liable in any manner whatsoever for Content or possible damage resulting from the use of Content which is transferred through the Website/Services to you.
6.3 You will refrain during the use of the Website/Services from the following:
- using the Services in a manner which is harmful to us or our advertisers, to our affiliated companies, resellers, retailers, producers, distributors and/or suppliers;
- reselling or redistributing the Services and/or Website or parts thereof;
- making files available or uploading files which contain a virus, worm, Trojan horse, timebomb, cancelbot, or corrupt files and/or data as a result of which the working of computers can be disrupted or the property of someone else can be damaged;
- collating or saving personal data of others including email addresses;
- breaching applicable legislation and regulations, or as the case may be facilitating or promoting this;
- using the Website/Services in such a manner that it can become damaged, unusable, overloaded or otherwise disadvantaged and/or can disrupt the use and enjoyment of the Website/Services by another;
- trying to acquire unauthorised access to the Website or the Services, other accounts, computer systems or networks, which are linked to the Website by means of ‘hacking’, tracing passwords or in any other manner.
6.4 If the Services received by you comprise of software, then your use of the software concerned is subject to the licence terms originating from the retailer and/or producer which were presented to you for the acceptance of the software.
7 – TERMINATION
7.1 We have the right, if there are sufficient reasonable grounds in existence for this, to at any time, without prior notification or statement of reasons, deny you access to the Website and/or the Services.
7.2 We can, if there are sufficient reasonable grounds in existence for this, at any time, entirely at our discretion, cease, close and terminate the use and/or the offer of the Website/Services or a part thereof without prior notification. We will never be liable towards you or third parties for damage as a result thereof.
8 – LINKS TO WEBSITES OF THIRD PARTIES
The Website/Services contain possible (hyper) links, banners or buttons to websites and/or information of third parties. We act therewith in absolute good faith and for the furtherance of the provision of information and the usability on the part of the user. A link, banner or button to and/or from another website does not mean that we have approved this website or have any power or control over this website and we will not be liable for the contents, functioning or availability of such a website, nor will we be liable for any damage related thereto. We refer you for the remaining to the general terms and conditions and privacy statements published with the information and/or websites concerned
9 – INTELLECTUAL PROPERTY RIGHTS
9.1 The Website/Services and the Content (including but not limited to the web design, the texts, lay-out, images, logos, (image) brands, sound and image fragments, photos, scripts, articles, other items and all software and source codes forming part of the Website and Services) are protected on the basis of the copyright, design right, patent and other rights and laws concerning intellectual property. By acquiring access to the Website you are thereby agreeing to solely use the Website, Services and Content for personal, not (semi) commercial use.
9.2 The use of software acquired through the Website/Services is subject to the terms and conditions of the accompanying licence agreement. You can only install such software if you agree to the terms and conditions of such an agreement. The software is exclusively made available to be downloaded for the exclusive use by end-users in accordance with the licence agreement. Any use of the software that is not in accordance with the licence agreement is expressly prohibited and can result in civil and criminal sanctions. Without prejudice to the aforesaid, the copying or reproducing of software to another server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted under the licence agreement accompanying the software.
9.3 The Website/Services and the Content may not in any manner whatsoever be downloaded, copied, reproduced, transferred, saved, sold or distributed without prior permission in writing from the entitled party (parties).
9.4 We have done all that which can reasonably be expected from us to trace possible rights of third parties with regard to the offered material. Those who believe they are entitled to enforce rights to the contents of the Website, Services, or Content can contact us.
10 – INDEMNITY
You indemnify us against all liability for any damage or claims of third parties including but not limited to (whether or not justified) claims, actions, legal actions which are the result of your use of the Services and/or Website.
11 – DISCLAIMERS, GARANTEES AND LIABILITY
11.1 The Services and Content which you find on the Website can contain errors and can be subject to temporary breakdowns. In spite of the fact that we of course do our best to offer all this as satisfactorily as possible, we cannot be held responsible for any defects of the Website/Services and any damage ensuing therefrom. We therefore reject all liability in this respect.
11.2 We seek to inform you as fully as possible with regard to the Website/Services on the basis of the data made available to us. The provision of information with regard to the characteristics or (technical) data of a Service does not entail that we give any guarantee whatsoever in this respect. There is exclusively a guarantee if this has been expressly agreed in advance.
11.3 The use of the Website/Services takes place entirely at one's own risk. The Website/Services are offered to you as these are ("as is") and insofar as these are available, including any errors and without any representation or approval and without any guarantee, express or tacit, including, but not limited to the being up-to-date, quality, suitability for a specified purpose, compatibility, security and accuracy of the contents offered thereby. You are obliged to personally inspect the suitability of the Website/Services for your specific purposes.
11.4 We do not give any guarantee that the Website/Services will meet your requirements, that Content is correct or reliable, that the Website/Services will at all times function or be without errors, that defects will be rectified or that the Website/Services or the server through which these are made available are free from viruses or other harmful elements.
11.5 In the event that a failure in the performance of the agreement is attributable to us we will only be liable for the rectification, the replacement of delivered Services, or as the case may be the improvement thereof. Insofar as permitted by law, all further liability or any other form of compensation is excluded, including additional compensation in whatsoever form, compensation of indirect loss or consequential loss or damage due to lost profit and/or turnover or lost opportunities. Furthermore, we will under no circumstances be liable for loss due to delay, damage due to loss of data, or due to exceeding of delivery periods as a result of change of circumstances and damage as a result of the provision of inferior cooperation, which are the result of, or are related to, the use of the Website/Services.
11.6 Any rights, claims and/or amounts due with regard to the Services/Website must be submitted within one year from when you became aware thereof, or can be assumed to have become aware thereof. If this does not take place within this period then the right, claim or amount due concerned will be time-barred.
12 – VOIDNESS
If one or more of these terms and conditions is/are declared void, illegal, or unenforceable by means of a final and binding judgment, then the provision concerned will be void and the remaining provisions will remain unimpaired.
13 - APPLICABLE LAW
These terms and conditions are subject to, and will be interpreted in accordance with, the law of the Netherlands. Any disputes ensuing therefrom must be submitted to the Oost-Nederland District Court.