Conditions of Use
design2create.nl TERMS AND CONDITIONS OF USE
This Site is owned and operated by design2create.nl. Please read these Terms and Conditions of Use [Terms of Use] carefully. By accessing the Site or using any of the services provided on the Site, you are agreeing to all of the terms and conditions contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, then you should leave this site immediately. Design2create reserves the right to modify or update these Terms of Use without notice at any time. Your continued access of the Site and/or use of the services provided on the Site following the posting of any additional or different terms in the Terms of Use constitutes your acceptance of those additional or different terms. These Terms of Use shall not apply to your use of any other website.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials made available on the Site, such as software, designs, images, text, editorial materials, data, photographs, illustrations, games, audio clips, video clips, digital streams and downloads, footage, short features, artwork and other graphic materials, names, logos, icons, trademarks and service marks, and the compilation of all content and materials on the Site are the exclusive property of Design2create and its suppliers and licensors and are protected by Dutch and international intellectual property laws. You may use, display and print one copy of the content and materials on the Site on a single computer for your noncommercial and personal use only, provided that you maintain all copyright and other proprietary notices contained in such content or materials. You agree not to reproduce, download (other than page caching), modify, create derivative works of, publicly display or perform, distribute, transmit, disseminate, broadcast, publish, adapt, sell, license or rent any content or materials made available on the Site (including, without limitation, display or distribution via a third party website) without design2create.nl prior written consent. You may not frame or utilize framing techniques to enclose any content or materials (including images, text, video or audio clips) on the Site or create a hyperlink (or any other link) to the Site accessing such content or materials without Design2creates prior written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available on the Site. In addition, Design2create reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. Design2create may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Design2create and its affiliates attempt to be as accurate as possible. However, Design2create does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Site itself is not as described, your sole remedy is to return it in unused condition.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Design2create reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
LINKED WEBSITES AND ADVERTISERS
Design2create and its affiliates are not responsible for the content or practices of unaffiliated third party websites that may be linked to the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Design2create shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Design2create is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Design2create of the site and/or any of its content therein.
DISCLAIMERS
ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE ON THE SITE ARE PROVIDED [AS IS AND] AS AVAILABLE. Design2create DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Design2create AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT
(I) THE SITE OR ANY OF THE CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE ON THE SITE IS ACCURATE, TIMELY, COMPLETE OR RELIABLE,
(II) THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
(III) THE SITE WILL BE SECURE OR ERROR-FREE,
(IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED OR
(V) THAT THE CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR PROGRAMS.
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Design2create OR ITS PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR DIRECT DAMAGES IN EXCESS OF $100 ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION SHALL APPLY TO ANY CLAIM WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Design2create HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, Design2createS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNITY
You agree to defend, indemnify and hold Design2create and its parent companies, subsidiaries and affiliates, together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of (i) your use or misuse of the Site, (ii) your breach or alleged breach of these Terms of Use or (iii) your violation of any law, rule, regulation or rights of others.
TERMINATION
You agree that Design2create, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site at any time if Design2create believes that you have violated or acted inconsistently with these Terms of Use or any applicable law, rule or regulation or that you have engaged in conduct that Design2create determines to be inappropriate or unacceptable.
COPYRIGHT INFRINGEMENT
Design2create respects the intellectual property rights of others and we ask our users to do the same. If you believe your work had been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify Design2create in accordance with the following procedure:
All notifications of copyright infringement must be in writing and directed to the following email address:
shop@design2create.nl
Each notification must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Design2create to locate the material;
4. Information reasonably sufficient to permit Design2create to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between you and Design2create with respect to the subject matter hereof and supersedes all prior and contemporaneous communications and understandings (whether oral, written or electronic). If any part of these Terms of Use is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with dutch laws applicable to contracts made and fully performed therein, without regard to conflicts of laws. The sole jurisdiction and venue for actions relating to these Terms of Use or otherwise relating to the Site shall be the state and federal courts located in the Netherlands and each party irrevocably submits to the exclusive jurisdiction of such courts.
This Site is owned and operated by design2create.nl. Please read these Terms and Conditions of Use [Terms of Use] carefully. By accessing the Site or using any of the services provided on the Site, you are agreeing to all of the terms and conditions contained or referenced in these Terms of Use. If you do not agree to these Terms of Use, then you should leave this site immediately. Design2create reserves the right to modify or update these Terms of Use without notice at any time. Your continued access of the Site and/or use of the services provided on the Site following the posting of any additional or different terms in the Terms of Use constitutes your acceptance of those additional or different terms. These Terms of Use shall not apply to your use of any other website.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials made available on the Site, such as software, designs, images, text, editorial materials, data, photographs, illustrations, games, audio clips, video clips, digital streams and downloads, footage, short features, artwork and other graphic materials, names, logos, icons, trademarks and service marks, and the compilation of all content and materials on the Site are the exclusive property of Design2create and its suppliers and licensors and are protected by Dutch and international intellectual property laws. You may use, display and print one copy of the content and materials on the Site on a single computer for your noncommercial and personal use only, provided that you maintain all copyright and other proprietary notices contained in such content or materials. You agree not to reproduce, download (other than page caching), modify, create derivative works of, publicly display or perform, distribute, transmit, disseminate, broadcast, publish, adapt, sell, license or rent any content or materials made available on the Site (including, without limitation, display or distribution via a third party website) without design2create.nl prior written consent. You may not frame or utilize framing techniques to enclose any content or materials (including images, text, video or audio clips) on the Site or create a hyperlink (or any other link) to the Site accessing such content or materials without Design2creates prior written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available on the Site. In addition, Design2create reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. Design2create may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Design2create and its affiliates attempt to be as accurate as possible. However, Design2create does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Site itself is not as described, your sole remedy is to return it in unused condition.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Design2create reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
LINKED WEBSITES AND ADVERTISERS
Design2create and its affiliates are not responsible for the content or practices of unaffiliated third party websites that may be linked to the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Design2create shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Design2create is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Design2create of the site and/or any of its content therein.
DISCLAIMERS
ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE ON THE SITE ARE PROVIDED [AS IS AND] AS AVAILABLE. Design2create DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Design2create AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT
(I) THE SITE OR ANY OF THE CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE ON THE SITE IS ACCURATE, TIMELY, COMPLETE OR RELIABLE,
(II) THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
(III) THE SITE WILL BE SECURE OR ERROR-FREE,
(IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED OR
(V) THAT THE CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR PROGRAMS.
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Design2create OR ITS PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR DIRECT DAMAGES IN EXCESS OF $100 ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION SHALL APPLY TO ANY CLAIM WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Design2create HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, Design2createS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNITY
You agree to defend, indemnify and hold Design2create and its parent companies, subsidiaries and affiliates, together with their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of (i) your use or misuse of the Site, (ii) your breach or alleged breach of these Terms of Use or (iii) your violation of any law, rule, regulation or rights of others.
TERMINATION
You agree that Design2create, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site at any time if Design2create believes that you have violated or acted inconsistently with these Terms of Use or any applicable law, rule or regulation or that you have engaged in conduct that Design2create determines to be inappropriate or unacceptable.
COPYRIGHT INFRINGEMENT
Design2create respects the intellectual property rights of others and we ask our users to do the same. If you believe your work had been copied in a way that constitutes copyright infringement and is accessible on the Site, please notify Design2create in accordance with the following procedure:
All notifications of copyright infringement must be in writing and directed to the following email address:
shop@design2create.nl
Each notification must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Design2create to locate the material;
4. Information reasonably sufficient to permit Design2create to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between you and Design2create with respect to the subject matter hereof and supersedes all prior and contemporaneous communications and understandings (whether oral, written or electronic). If any part of these Terms of Use is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with dutch laws applicable to contracts made and fully performed therein, without regard to conflicts of laws. The sole jurisdiction and venue for actions relating to these Terms of Use or otherwise relating to the Site shall be the state and federal courts located in the Netherlands and each party irrevocably submits to the exclusive jurisdiction of such courts.
