Article 1. Introduction
This page (together with the documents, including our Privacy Policy, which are referred to on this page) informs you of the conditions of use on the basis of which you: the website of which this page is part (the 'Site'), the services, functionalities and / or any (mobile) application possibilities offered through or on this Site; (hereinafter collectively and including the Site indicated with: the 'Service') may visit and / or use.
You need to read these terms and conditions of use carefully before you visit and / or use the Service.
These terms of use apply to your visit and / or use of the Service. These Terms of Use affect and determine your legal rights and obligations.
The acceptance of these terms of use constitutes a binding agreement between you and Online Media Solutions B.V.(hereafter referred to as: ‘Online Media Solutions', 'we', 'us' and / or 'our').
Article 2. Information about us
The Service is operated by Online Media Solutions B.V., Online Media Solutions is registered in the Netherlands and located in Nieuwe Erven 3, 5431 NV Cuijk, The Netherlands CoC Nr.: 64928543 VAT Nr.: NL8559.07.526.B01 questions@flirt.support +3173 2032 015..
Article 3. The Service
We want to create with this Service a nice portal for men and women who want to enjoy a bit of fun and do not take dating too seriously, but see it more as a fun and fun form of entertainment. One of our objectives is to realize online interaction between you and others. This service uses self-created entertainment profiles, these profiles are moderated and therefore no physical agreements are possible.
Article 4. Acceptance of the conditions of use
These Terms of Use form a binding agreement between you and us on the other, and apply to (i) your visit and / or use of the Service, and / or (ii) the contents thereof including (but not limited to) all information , data, data, images, photos, videos, and / or sounds, messages in any form and of any nature whatsoever that have been sent, communicated, shared by you, us and / or others through and / or on the Service, provided, and / or otherwise made known, to you, us, and / or others (the "Content").
These Terms of Use also apply to and determine all rights with regard to the Content that has been sent by you and / or on the Service to you and / or others by you, communicated, shared, provided, and / or otherwise made known.
You can visit and / or use the Service as a guest, or - after you have registered and / or registered as a member - by means of your personal password as a member. Your visit and / or use of the Service and / or the functionality of the Service may be limited if you use it as a guest.
By visiting or using the Service, you represent and warrant that: you are at least 18 years of age, you are legally entitled to be bound by these laws and regulations in the country where you live and / or are located, you fully understand these Terms of Use, you agree to these Terms of Use, and you agree that you are legally bound by and subject to these Terms of Use.
If you do not agree with these Terms of Use and / or do not fully understand and accept them without reservation, you must: leave the Service immediately and stop your visit and use of the Service immediately.
If you visit and / or use the Service on behalf of a legal entity, you represent and warrant that you are authorized to accept these terms and conditions of use on behalf of that legal entity and to bind this legal entity to them.
Article 5. Meaning of titles and / or words
The headings in the articles in these Terms of Use are only included for convenience and will not be deemed to define, limit, expand, or otherwise determine the content of any article in these Terms of Use.
Article 6. Costs / Rates
6.1. No fee is payable to visit and / or use the Service as a guest or registered member. However, please note that if you visit the Service as a guest or registered member and / or use only certain functionalities and / or parts of the Site you can visit and / or use. In order to be able to visit and / or use certain other functionalities of the Service, you must purchase a subscription and / or pay the fees for it as a member.
6.2. Pay per minute or pay per view fees. The visit and / or use of certain functionalities of the Service will be charged on the basis of the duration and / or frequency of your visit and / or use thereof.
6.3. Other fees. The visit and / or use of certain other functionalities of the Service require that you pay a certain amount for a certain number of credits, tokens, points, and / or to receive, send, view digital items, images, photos and / or messages. of any kind. With transactions via one of the payment methods offered by the Service, only credits, tokens or points can be purchased.
6.4. The fees to be paid as well as the way in which the Service payment page is determined for all different types of functionalities of the Service. In our own discretion and insight we have the right to change, adjust, expand, add, or change the fees and / or the Service and / or (certain) functionalities thereof at any time with or without prior notice. to strike. Unless otherwise provided in these Terms of Use, you are under no circumstances entitled to a refund and / or refund of any compensation, amount or subscription paid to us.
6.5. Bonuses. You explicitly acknowledge that any bonus or promotion that you credit, tokens, points, digital items, and / or messages of any kind whatsoever, may be revoked at any time by us at our sole discretion and without any right of you are liable to us and / or any liability towards us from you.
6.6. You acknowledge that we may collect the fees owed by you (with us) without further permission or authorization from you via the bank account and / or credit card you have provided and / or, as the case may be, when visiting and / or using the Service via mobile telephone or fixed telephone connection) by charging and / or charging via your telephone provider. If such a debt collection is not successful, you need to pay the fee yourself and we will notify you via the Service or by e-mail to the e-mail address you provided.
6.7. Payment charges. We may use credit card processors or banks from outside the country where you live to process your transactions. In some cases, your bank or credit card company may charge you for this.
Article 7. Customer satisfaction
If you have questions about these terms of use, the Service or if you wish to file a complaint against us or another user, please contact us by e-mail. Here you should describe the question or complaint as specifically as possible and state your password so that we can verify your identity and provide you with the best possible service.
Article 8. Account and Personal use
8.1. In order to participate in or use certain functionalities of the Service, you are obliged to register as a member and to create a user account ('Account') and to use your password.
8.2. Your membership and account is for your personal use only. You may only visit and / or use the Service for yourself and not for commercial purposes.
8.3. You acknowledge that you are fully responsible for, and accept all liability for (a) all use of your account by anyone, (b) for all activities that take place using your account or internet access, (c) the Content which you publish, transmit or otherwise distribute via the Service, and (d) your communication and interaction via the Service with others. You may not give others access to and / or not allow use: your membership, account, and / or password. You may not use the membership, account and / or password of another person.
8.4. You prevent minors - through your computer and / or internet connection - from visiting and / or using the Service.
8.5. You yourself and solely responsible for keeping your screen name and password secret from your account.
8.6. We are not responsible for the use of your account by others which is the result of sharing by you or improper use of your screen name and password of your account. We have the right to suspend your visit and / or use of the Service or to terminate your account if we suspect that an unauthorized attempt is being made to visit and / or use the Service.
8.7. You must immediately inform us about: (a) violation of these Terms of Use by others as soon as you are aware of them, (b) (possible) unauthorized access to your account, and (c) (possible) unauthorized use of your password.
8.8. You may not use any Content to contact us to offer and / or sell any kind of product or service to a user or member of the Service without his prior consent.
Article 9. Use of the Service
You declare and warrant that:
you voluntarily choose to visit and / or use the Service because you - for your own pleasure, entertainment, information, and / or training - the content, information, images, sounds, and / or messages available in it - any form, wishes to see, read, and / or hear.
you understand and agree with the fact that by visiting and / or using the Service, you may be confronted by us or others with content, information, images, sounds, and / or messages in any form whatsoever, that of sexual, erotic, offensive, inappropriate, hurtful, objectionable, and / or lewd nature, and / or who may be unsuitable and / or offensive and / or harmful to minors and / or people with a particular belief or certain belief.
you have not notified a government body and / or any other institution that you have no content, information, images, sounds, and / or messages in any form whatsoever, sexual, erotic, offensive, inappropriate, hurtful, objectionable, and / or to be immoral, wishes to receive.
Article 10. Information that you provide
You declare and warrant that:
10.1. if you register as a member you provide all information that is necessary to complete the registration forms on the Service and to allow the payments of the fees you owe, including your billing address, credit card number, bank account number, and / or telephone number.
10.2. the information you provide is accurate, complete, accurate and up-to-date.
10.3. you immediately update and maintain the accuracy of the information you have provided if this could be changed.
10.4. you only use credit cards, credit card numbers, bank accounts, and / or telephone numbers in your own name.
10.5. you only publish and / or distribute information and Content that is relevant to the members of the Service (see below for information and Content that you may not publish and / or send).
10.6. only places authentic ratings of and responses to profiles of other members and other content, and only authentic Content in any form and / or other information takes place on and / or sent via the Service, with the aim of maintaining social contacts and / or for the purpose of the personal entertainment of others and / or yourself, and based on your personal experience.
10.7. you understand that if reactions, and / or other Content in any form and / or other information take place on the and / or sent via the Service, which are incorrect, can be unnecessarily grievous, defamatory, and / or harmful and may lead to take legal action against you.
Article 11. Privacy policy
11.1. We make every effort to protect the personal information that you provide us with confidentially via the Service as well as your privacy. In this respect, we have drawn up our Privacy Policy as published on the Service. We collect, store and process information about you in accordance with our Privacy Policy. By visiting and / or using the Service you consent to such collection, storage and processing. Our Privacy Policy is an integral part of this agreement.
11.2. We keep your personal information secret with the exception of: (i) where you have placed it for publication or display, or (ii) unless we are legally obliged to disclose it or comply with an order from a regulatory authority of the competent court.
Article 12. Limitation of the use of the Service
You represent and warrant that you do not publish (link to) Content in any form whatsoever, post on or send or communicate via the Service, or otherwise engage in activities on or through the Service:
12.1. with which you collect or request information from persons under the age of 18, or with which you acquire or request passwords.
12.2. that you present as and / or otherwise give a false impression of affiliation, connection or association with another person or entity.
12.3. which contains information about you, other than yourself, that may infringe or violate the rights of others than yourself, including but not limited to other people's copyrighted rights in any form, and / or patents, trade names, trademark rights.
12.4. which encourages and / or offers possibilities for the development of lewd and / or punishable behaviour and / or otherwise illegal activities.
12.5. which is meant to harass others, bully, stalk, threaten, grieve, hurt, intimidate, and / or otherwise cause damage.
12.6. which is illegal, unlawful, harassing, offensive, slanderous, inflammatory, abusive, threatening, discriminatory, blasphemous, or contrary to the privacy of others, or which can lead to annoyance, discomfort, uproar, racial hatred or violence against others.
12.7. which is intentionally misleading or fraudulent.
12.8. which contains technically damaging data for the Service, us or others.
12.9. which disrupts, damages, interrupts or delays the correct and rapid functioning of websites, services, servers, networks, software, source codes, computers, and communication equipment of us and / or others, including an unreasonable burden on the user. technical infrastructure is used and sending chain letters, unwanted advertising or unwanted e-mails.
12.10. whereby you disclose personal or confidential information of others, or recruit other people's personal information for commercial or unlawful purposes.
12.11. with which you advertise or recruit members, or otherwise encourage you to visit websites and / or buy or sell products or services, or that contain 'affiliate marketing codes' and / or 'link reference codes'.
Article 13. Removal of Content
13.1. We have the right at all times to monitor (have others) all Content posted on the Service or sent via the Service. However, we are not obliged to do this.
13.2. We have the right, in our sole discretion and our own discretion, the right to remove any Content at any time that in our opinion violates relevant laws or these terms of use or remove them at the request of others.
Article 14. Acceptance of risks
You understand, accept and agree that:
14.1. we can not and will not investigate whether the visitors and / or users of the Service have been prosecuted and / or convicted of a crime.
14.2. we do not guarantee and are not responsible for ensuring that others comply with these terms of use.
14.3. we are not (able) to confirm the accuracy, integrity, correctness, quality, or completeness of Content provided to you (on or through the Site by or over others), and that we (are unable) to confirm that others are who they claim to be. It is only the person from whom Content originates (and not us) who is responsible for it.
14.4. all Content is communicated and made available without giving us any guarantee of whatever nature or in any form whatsoever.
14.5. Under no circumstances whatsoever will we be liable to you in any way whatsoever or you will be held liable by you for any Content, including (but not limited to) any errors or omissions in any Content, or any loss or damage caused by by usage.
14.6. all risks and possible damages of any kind and in whatever form, including personal injury, accepts that (in) directly results from or is the result of: your visit and / or use of the Service, including but not limited to, any online or offline communication and / or (personal) interaction with others, including but not limited to making / having appointments or sexual contacts, and you will not and can not hold anyone else (without our permission) liable for this.
Article 15. Interaction, communication and disputes
15.1. You are solely responsible for your interaction and communication with other users and / or members of The Service.
15.2. You understand and accept that we have no obligation to try to check the statements of others, including users and / or members.
15.3. You acknowledge and accept that we give no guarantees and accept no liability with regard to (a) the behaviour of other members and / or users, and / or (b) the (correctness and completeness) of profiles and / or the Content of the Service. In this respect, you acknowledge and accept that some members, users, profiles, advertisements, and / or Content may only target online entertainment, deviate from reality, and are not focused on establishing or entering into an 'offline relationship'. 'or physical relationship. We therefore explicitly note that physical contacts are not possible in all cases.
15.4. If you believe that certain profiles, users, members, or Content is offensive, harmful, inaccurate and / or misleading, you can report this to us.
15.5. We reserve the right, but do not have any obligation to monitor disputes between you and others, or to deny others the visit and / or use of the Service for violating these Terms of Use.
15.6. It is your own responsibility (and not at all is our responsibility) to take all possible, imaginable, logical, and / or necessary precautions if you communicate (on or through the Service) and / or (personal) interaction with others, including but not limited to making / have appointments or sexual contacts with others.
15.7. In case you have a dispute with one or more, users, members, or others you will not hold us liable in any way.
15.8 You acknowledge and declare that you hereby indemnify us: our, our subsidiaries and affiliated legal entities, our business partners, and the shareholders, directors, employees, representatives, legal successors of aforementioned (legal) persons; of any and all liability, claim, claim, (in) direct damage, losses of any kind or nature (known or unknown, suspected and unsuspected, knowable and unknowable) as a result of or arising from such dispute or your visit and / or use of the Service.
Article 16. Exclusion of guarantees
16.1. We provide the Service with the expertise and care can reasonably be expected, and we make or do not provide (and exclude in full or to the extent permitted by applicable law) guarantees, statements, reservations or conditions of any kind, be it explicit, implicit, legal prescribed or otherwise related to the Service (including all Content and information contained herein), including (but not limited to) implied warranties with respect to completeness, correctness, transparency, non-fiction, quality, or suitability for a goal.
16.2. You acknowledge and accept the day we do not guarantee that (a) your visit and / or use of the Service is safe, undisturbed, always available or error-free, or meets your requirements and / or objectives, or (b) errors in the Service or Content are excluded or corrected. We declare (to the maximum extent permitted by applicable law) all liability for, and do not give any guarantee, representation, condition in any form whatsoever with respect to (a) the connection and availability of the Service and (b) your visit and / or use of the Service, including the functionalities thereof.
16.3. You acknowledge and accept that we have no guarantee or warranty provide the accuracy, completeness, origin, nature, number, frequency, usefulness, desirability, quality or usability of information or Content made available or communicated on or via the Service.
16.4. You acknowledge and accept that we give no warranties or warranties, express or implied, with respect to (a) your ultimate compatibility or (the possibility of having) physical contacts with others with whom you communicate on or through the Service, (b) ) or regarding the behaviour of such others, and (c) specific results that you may wish to achieve through the visit and / or use of the Service.
16.5. Opinions, opinions, statements, offers, other information, content, or Content made available, sent, or communicated on or through the Service, but not directly by us, are those of the respective members, users, or authors, and need not necessarily be trusted, and may be inaccurate, incomplete, worthless, fictitious and / or misleading. The relevant members, users. or authors are therefore primarily responsible for such content. We do not accept, do not support or accept no responsibility for the correctness or reliability of an opinion, opinion, statement, comment, reaction given by others than us. You acknowledge and agree that you will under no circumstances hold us liable for any loss or damage resulting from (a) your trust in information or Content posted to or communicated through the Service, (b) your visit and / or use of the Service, including the functionalities thereof, and / or (c) by or on account of acting (whether or not aimed at increasing the entertainment content of the Service) of the representatives / content providers of the customer support.
16.6. Where the Service or the Content contains links to other websites and sources provided by others than us, these links are solely for your information. You acknowledge and accept that we have no influence on the content of such site or resources and we are not responsible for or can be held responsible for this, or loss and / or damage that you may suffer when you use them.
Article 17. Liability
17.1. You acknowledge and accept that we - insofar as maximum legally permitted - in no case be liable for (in) direct, claims, claims, claims, (consequential) damage or loss (in whatever form or of whatever nature) that arose (in) directly as a result of or related to the visit and / or use of the Service by you or someone else, including the functionalities thereof, including (but not limited to) (a) loss of income, turnover, capital or goodwill or earning capacity, (b) loss or damage to data, programs, or equipment; (c) loss of savings, even if we know or have been informed of the possibility that such a loss could occur.
17.2 You acknowledge and accept that we - insofar as maximum legally permitted - in case liable for claims, losses or damages of any kind, be it (in) directly, generically, specifically, compensating, consequential and / or incidental, arising as a result of or related to (a) the visit and / or use of the Service by you or someone else, (b) interaction, communication or meetings on or through the Service with others, and / or (c) the behaviour of others who are registered under false pretenses or who have you scammed, including (but not limited to) physical injury, emotional damage.
17.3. You acknowledge and accept that - to the maximum extent legally permitted - our overall liability to you in relation to these Terms of Use and / or the visit and / or use of the Service is limited to: (a) the fees and subscriptions paid by you to us for the visit and / or use of the Service, including the functionalities thereof, for a period of 3 months prior to the day on which you formally hold us accountable; or (b) EUR 100 if you have not paid us for the visit and / or use of the Service.
17.4. You acknowledge and accept that any claim or legal act in whatever form you wish to establish vis-à-vis us as a result of or in connection with these Terms of Use and / or the visit and / or use of the Service by you or someone else must have been made known by written notification to us within 12 months after the occurrence of the cause of the relevant claim or legal act. If you do not acknowledge this then you acknowledge and accept that - insofar as legally permitted - no claim or legal action can and will be brought against us (on penalty of an immediately due and payable penalty equal to the level of the amount claimed by you. amount).
17.5. You acknowledge and accept to fully indemnify us claim all claims, damages, liabilities and costs in any form whatsoever if you believe that the Content provided to you on or through the Service was offensive, harmful, obscene, inaccurate, and / or misleading.
Article 18. Compensation
18.1. You acknowledge and accept for us, our to indemnify subsidiaries, affiliated legal entities, business partners, and / or our and their shareholders, directors, officers, employees, and other third parties from any loss, liability, claim, claim or expense (including reasonable legal costs) , related to or arising as
18.2. You acknowledge and accept that we have the right to own account the exclusive defense and control over matters that are otherwise subject to compensation by you. If we choose to exercise this right, you agree to fully cooperate with us in any manner desired by us.
Article 19. Force Majeure
Neither you nor we will be held responsible by the other for any delay or failure in the fulfillment of an obligation under this agreement in so far as it is the result of an act of God, a natural disaster, terrorism, strike, embargoes, fires, war, or other causes beyond your or our reasonable sphere of influence.
Article 20. Property rights
20.1. You acknowledge and accept that the copyright and other intellectual property rights to the Service, as well as to all Content (which is provided, sent, communicated or shared via the Service), including (but not limited to) the text, data, software, manuscripts, images, photos, images, music, sounds, videos, interactive applications, blogs, messages, trade names and logos, excluding accessories to us. No rights will be assigned to you related to the Service and all Content (which is delivered, sent, communicated or shared via the Service), with the exception of the rights expressly granted to you in these Terms of Use. All Content is only made available to you for your information, your personal non-commercial use, and / or your entertainment.
20.2. You represent and accept that you will not engage in the use, copying, sharing, sending, storing, or communicating of any content other than expressly permitted by these terms of use.
20.3. The Service may, on the basis of a license, use and / or use Content, trademarks, or software owned by third parties. A breach of such trademarks or software will be reported immediately by us to the relevant licensor.
20.4. If you believe that your copyrights, intellectual property rights, or any other right have been violated, copied, communicated, posted or otherwise made available on or through The Service in a way that is not permitted, you must immediately notify us of this. to be informed by written notification with as accurate a description as possible of the alleged infringement and the material to be removed as well as your contact details.
Article 21. License for your posted content
21.1. We do not claim any right of ownership with regard to any Content that you have placed on or sent via the Service.
21.2. By providing information, content or Content, sending, communicating, sharing, or placing on or via the Service, you hereby automatically grant to us, as well as acknowledge, declare, accept, represent and guarantee that you have the right to grant to us an irrevocable, continuous, non-exclusive, fully paid and royalty-free, worldwide, unlimited license to use, adapt, copy, process, translate, publicly publish, display, display, publish, distribute it to others, including without limitation, to distribute part of the entire Service and Content in any media format through any medium and to grant sublicenses for the same and to give permission for it. You also waive any moral rights that you may have with regard to such information or content or Content.
21.3 Content that is not shared publicly on or through the Service will not be distributed outside the Service.
21.4. Some parts of the Service are supported by advertising revenue and may show advertisements and promotions on the Service. Such advertisements and Promotions are only displayed on the Service itself.
Article 22. Duration and termination
22.1. These terms of use are effective from the moment you visit and / or use the Service as well as from the moment you register or register as a member of the Service, and are fully effective and applicable unless terminated in accordance with the following.
22.2. You have the right to terminate your registration as a member and / or user account at any time for any reason by means of the procedure indicated on the Service or by sending a notification to us. In case of your death or your disability, every blood and / or relative of yours has this right.
22.3. In addition, you have the right to cancel the agreement between you and us, which was entered into at the time you first accepted our terms of use, within 14 days and to receive a full refund of any fees paid by means of the procedure indicated on the website. Service or by sending a notification to us. However, if you, after registering or registering as a member, in any way via the Service: send messages to other profiles, look at other profiles, make changes to your own profile, or carry out actions that you use the Service in a manner that guest can not do that; you will only receive a refund for the credits not spend at the moment of the refund request.
22.4. With a notification to us as referred to in article 22.2. and 22.3 you must provide us with your name, e-mail address, and password so that we can verify your identity. Such notification is effective once it has been received by us. If you do not have the e-mail address and / or password, you must enclose a copy of your identity card.
22.5. We have the right to suspend or terminate your visit and / or use of the Service and / or your membership with immediate effect and without notice, for any reason or for no reason whatsoever. In such a case there is no liability of ours to you and you agree that you will not hold us liable on any ground whatsoever.
22.6. All decisions regarding the suspension or termination of your visit and / or use of the Service and / or your membership will be taken by us at our own discretion and insight. We are not obliged to inform you of the reason (s) for such a decision.
22.7. We have the right, after the suspension or termination of your visit and / or use of the Service, to send a notification with explanation to other members with whom you have had contact via the Service.
22.8. If your visit and / or use of the Service has been suspended or terminated by us due to a request from you or for breach of these Terms of Use, you agree that all fees and / or advances paid to you by you to us are cancelled, non-refundable and non-refundable, and all outstanding or pending payments are immediately due.
22.9. In the event that the agreement between you and us is terminated, the (partial) provisions that logically also apply after termination will remain in full force and application. Rights acquired by us prior to the conclusion or existence of the agreement remain in full force even after termination of the agreement.
Article 23. Territorial restrictions
You declare and warrant that:
23.1. you do not visit and / or use the Service from a jurisdiction (a) where such visit and / or use is prohibited or in violation of applicable laws, rules, regulations, ordinances, customs and / or social standards, or (b) where we would not have yet fulfilled the obligation to register us in that jurisdiction.
23.2. you only visit and / or use the Service from or through one Member State of the European Union, Norway or Switzerland.
23.3. Software and / or computer programs which connection with or be made available by the Service may be subject to export regulations of the European Union or the United States of America. Therefore, this software and / or computer programs may not be downloaded, exported, or otherwise transferred: (a) to (or to a resident or nationals of) a country that has embargoed the European Union and / or the United States of America placed; or (b) someone else on the 'U.S. Treasury Department's list of Specially Designated Nationals ', or the' U.S. Commerce Department's Table of Deny Orders'.
23.4. We have - at any time and to our own discretion and insight - the right to restrict and / or stop the availability and / or use of the Service (in whole and / or in part) with respect to every (legal) person, any geographical area, and / or any jurisdiction.
Article 24. Changes
24.1. These terms and conditions of use may be amended and / or amended at any time by us at our discretion and without notice to you and / or without your approval, in any manner that we deem desirable, appropriate and / or necessary. We are free to amend, replace, and / or supplement certain provisions in these Terms of Use with terms and / or notices that we publish elsewhere on the Service.
24.2. Unless we make an adjustment or change in these conditions of use for legal or administrative reasons, we can decide to inform you 7 working days in advance of the date on which the adjusted and / or amended conditions of use come into effect. However, we are not obliged to do this. You agree that we may notify this by making this known on or through the Service.
24.3. Your visit and / or use of the Service - after the date of the entry into force of the amended and / or changed conditions of use - means that you fully and unconditionally agree to the amended and / or changed conditions of use and accept them. The amended and / or amended terms and conditions of use will take effect from the moment we have made them known or a moment that we have determined, and will apply to your visit and / or use of the Service from that moment onwards.
Article 25. Full agreement
25.1. The most recent version of these Terms of Use and the pages on the Site to which these Terms of Use refer constitute and determine the entire agreement and any legal relationship between you and us with exclusion, cancellation, and replacement of any other - electronic, written, oral, implied , and / or previous - terms of use, agreements, and legal relationships between you and us, even if these have not (explicitly) been withdrawn or amended, have not (explicitly) been made known to you, and / or would be directly excluded from the law. can follow.
25.2. The most recent version of these terms of use constitute the whole of rights and obligations that apply between you and us. You therefore irrevocably waive and will not invoke any right of yours against us that you are not directly granted in the most recent version of these Terms of Use or that is not explicitly mentioned therein. You therefore irrevocably waive and will not invoke any obligation on our part that is not explicitly stated in the most straightforward version of these terms of use.
Article 26. Partial invalidity
26.1. If, at any time, any (partial) provision of these Terms of Use - under the law applicable to the agreement between you and us - is in any way invalid, unenforceable, or not binding or in violation of the law is or will be: (i) this will not influence and / or modify the legitimacy, validity, enforceability of the (partial) provision under the application of another legislation, (ii) this does not affect the legitimacy, validity, enforceability of all affect and / or modify other (partial) provisions of these terms and conditions of use, and (iii) offer you and remain subject to all other (partial) provisions of these Terms of Use.
26.2. In case referred to in article 26.1. we have the right at our own discretion and insight - without notice to you and / or without your approval - to replace the relevant (partial) provision that is or becomes invalid, unenforceable, non-binding, or in violation of the law by a (partial) provision that is valid, enforceable, binding and not in violation of the law, and which, in view of the content and purpose of this user agreement, has as much as possible the same effect as the (partial) provision that is replaced.
26.3. If we exercise our authority as referred to in article 26.2. not (can) exercise, a (partial) provision as referred to in article 26.1. are excluded from the agreement between you and us, and the remaining part of the agreement between you and us will remain in full force and will be interpreted as far as possible and explained as if the relevant (partial) provision had not been excluded.
Article 27. Applicable law and jurisdiction
27.1. Your visit and / or use of the Service are subject to these terms of use and the documents referred to herein. This means that these conditions of use and the documents referred to herein apply between you and us.
27.2. These Terms of Use and the documents referred to herein are subject to, governed, and interpreted in accordance with the law of the Netherlands. You agree that the authority to decide on any dispute relating to the agreement between you and us shall exclusively vest in the competent court in the Netherlands, unless Article 27.4. applies if we use our authority as referred to in article 27.5.
27.3. These Terms of Use and the documents referenced herein are explicitly not subject to, explicitly not governed by and explicitly not interpreted in accordance with the UNITED NATIONS CONVENTIONS ON CONTRACT FOR THE INTERNATIONAL SALE OF GOODS.
27.4. If by law or regulation of the European Union and / or the country in which you live, it is mandatory that these conditions of use and the documents referred to herein are governed, controlled, and interpreted in accordance with the law of the country where you live. That should happen. In that case, the authority to decide on any dispute with regard to the agreement between you and us will only vest in the competent court in the country in which you live.
27.5. Notwithstanding the foregoing in this article, you declare your agreement and you agree that we have the right to decide unilaterally at any time that article 27.2. not applicable, and that these terms of use and the documents referred to herein are governed, governed, and interpreted in accordance with the law of the country where you live. In that case, the authority to decide on any dispute with regard to the agreement between you and us will only vest in the competent court in the country in which you live.
27.6. These Terms and Conditions are in the Dutch language only, which language shall be controlling in all respects, and all versions hereof in any other language shall be for accommodation only and shall not be binding upon the parties.
Article 28. Prohibition on Class Action
You or any other person is not authorized and will not (a) merge your / his / her claim against us with that of another party, or (b) jointly institute legal proceedings and / or initiate legal proceedings against us, a director , employee, other official, or shareholder of us or of our business partners. You acknowledge and accept that you provide these and similar rights, and that you or any other person may institute legal proceedings against us alone or only independently and only legally against us.
Article 29. Transfer and / or assignment
29.1. You may not and will not sell, transfer, assign, and / or delegate any right of you towards us and / or any obligation of you towards us - neither voluntarily nor by operation of law - (in whole or in part) to any other, unless you have received prior written approval from us.
29.2. Any form of transfer, assignment, delegation (whether or not in the form of contract takeover) by you without our prior written consent will be void.
29.3. We may at any time these terms of use or any right of ours towards you, any obligation of you towards us, and / or any obligation of ours towards you - without prior notice, without your permission and without any restriction - sell (in whole or in part), transfer, assign and / or delegate to another person.
29.4. In case we have used our authority as referred to in article 29.3. these Terms of Use will continue to apply to you and our successor (s) and you agree to and accept (i) that you continue to be bound by and subject to these terms of use to our legal successor (s), and (ii) that you have any (legal) claim and / or (legal) action pursuant to or in connection with these Terms of Use and / or your visit and / or use of the Service (before or after the transfer and / or assignment) will not be brought against us but only against our legal successor (s).
Article 30. Access to conditions of Use
The conditions of use will be free of charge on request will be sent to the e-mail address you provided.
Article 31. Electronic communication
31.1. By using the Service, you agree to receive electronic communications (including e-mails and / or text messages) from us and our business partners. This will include messages about your account and information regarding or relating to the Service. This electronic communication is an integral part of your relationship with us and you receive them as part of your membership.
31.2. You acknowledge and accept that any notice, agreement, or other communication that we send to you electronically will comply with any legal communication requirements, including (but not limited to) any requirements that such communication must be in writing.