The following definitions apply in these conditions of use:
1.1: Website: The website "Yourgamenet.com" and the mobile version of the website.
1.2: User: The person who uses the website and the services made available.
1.3: Form: Electronic document in which data necessary for entering into the Agreement are included and with which a person or entity registers access to the website.
1.4: Service provider: The website 'Yourgamenet.com' is maintained by: Ruflora Internet Services KVK 27305309 located in 'S-GRAVENHAGE, VAT number 145058578B02
1.5: Advertising space: The possibility for the user to place an advertisement on the website.
1.6: Agreement; The conditions of use, as well as the Form and or any other provision or expression that is declared valid in accordance with the Conditions of Use for the legal relationship between the Parties.
1.7: Patience: Every party to the Agreement.
2: AGREEMENT STATEMENT:
2.4: To use the Services on the Website, the User must be of age and authorized to perform legal acts. By using the Services on this Website, the User declares:
A: To be of age.
B: That the information provided by him is correct.
3.3: Unless explicitly agreed otherwise, the applicability of other conditions of use is excluded.
4.1: Website functions as an accessible platform. Where everyone can offer content, information, services or things. The Website does not regulate the communication between the User (s) of the Website themselves or between the User (s) of the Website. The Service Provider therefore has no control over the quality, safety, legality, integrity or accuracy of the various parts of the Website and the associated Services. The Service Provider is not liable for the acts or omissions of its users, including the files, data, and or materials that they make available on the Website. The service provider therefore gives no guarantees with regard to the content of files, data and / or materials made available by the User (s).
4.2: The services offered on the website are only accessible to persons who can enter into legally binding agreements under Dutch law.
4.3: Service Provider strives for correct information via the Website but does not guarantee that the information provided contains errors, omissions or is up to date.
5: AD SPACE / QUESTION AND OFFER.
5.1: Advertising space is offered on the website in an accessible manner. Where everyone can place an advertisement to sell their things or services. However, the service provider is not involved in any actual transactions between buyer and seller. For that reason, the service provider cannot exercise any control over the quality, safety or legality of the objects offered in the advertising space, the accuracy of the advertisement, the authority of the advertiser to sell the objects and the authority of buyers. purchase items.
5.2: By offering advertising space on the website, service provider tries to bring advertisers and buyers together. However, the Service Provider is never party to an agreement that is concluded between the advertiser and buyer by using the Website. If you have a dispute with a buyer or advertiser you must resolve this yourself. You indemnify service provider and all its staff and between persons from any claims, claims for damages and such related to such disputes.
5.3: Via the website it is possible to place a bid on advertisements. In principle, a bid is NOT binding and does not oblige you to buy or sell. There is no closing time, the advertisement and the bid will be deleted if the advertisement is older than 2 months.
5.4: The supplier's terms and conditions apply to orders for products or services from third parties.
5.5: A placed advertisement remains on the Website for at least 60 days, provided that the applicable (payment) condition is met.
5.6: If, due to a manifest typo or technical malfunction, information, price or conditions of a product or service offered are incorrectly displayed on the Website and the wrongly displayed information is ordered, the provider may refuse to execute such an order against the incorrectly displayed information. .
5.7: The title and description of the advertisement cannot be misleading. Misleading title and description are titles that do not properly describe the item you are selling.
5.8: Users who offer their goods and services to private individuals as an entrepreneur are obliged to state prices including VAT on the basis of Article 38 of the Dutch Sales Tax Act.
5.9: The service provider gives no guarantees regarding the placement and display of your advertisement or the number of clicks on your advertisement. Service provider cannot guarantee that visitors will click on your ad or view your ad.
6: USE OF THE WEBSITE.
6.2: When you use the website the following is NOT allowed.
A: Place content or objects in the wrong section or sections of the website.
B: Violate the laws, rights of third parties, copyrights, neighboring rights, trademark rights and all other intellectual property rights, the rights with regard to the protection of privacy or our policy for prohibited and limited objects.
C: Use the website and associated services if you cannot enter into a legally binding contract.
D: Bypass or manipulate our cost structure, billing process or costs owed to service provider.
E: Transfer your account and user name on the website to another party without permission from the service provider, do not take security measures to protect your password. Use services available on the website with someone else's username or password or allow someone else to use your username or password.
F: Send or place spam, chain letters or pyramid schemes on the website, viruses or other technologies that can damage the website and its use.
G: Copy, change or distribute website content and copyrights.
H: Obtain or collect information about users including e-mail addresses without their permission.
I: The activities you perform on the website must not be based on untruths and / or be misleading.
J: Violate any law, regulation, claims or other applicable regulation.
6.3: Service Provider will make every effort to ensure that the website and associated services work as well as possible and to keep them safe. We ask you to report your problems and offensive content and violations of the policy to us.
6.4: The website provides the User with information, it is possible that the information on the Website is incomplete or incorrect. That is why the Service Provider offers no guarantee whatsoever with regard to your correctness or accuracy of the data and / or information, software and other components contained in the Website.
6.5: The information and content on the Website is intended for general information purposes only and is not intended as advice.
6.6: The service provider cannot guarantee that the information on the Website is suitable for the purpose for which you consult the information. All information, content, product services and materials are offered in the state in which they are actually located and without any (implicit) guarantees or guarantees with regard to their reliability, suitability for a specific purpose or otherwise.
6.7: Users of the Website cannot derive any rights from the information offered on the Website.
6.8: User decides for himself which information content and / or materials he places on the Website and whether which are exchanged. The service provider has no knowledge of this information. User is therefore responsible that the information content and / or materials are lawfully legitimate and does not infringe the rights of third parties.
6.9: The Service Provider does not guarantee or support any product or service, information, content and or materials, nor does the Service Provider guarantee any claims made by the manufacturer of such products, services, information and or materials. With this in mind, the User is always advised to seek independent information and conduct research for the use of the information obtained on the Website. The information on the Website is supplemented daily and any changes can be made at any time with immediate effect and without notice.
6.10: The use of the Website and associated services is voluntary and any consequence arising from the use of the Website and associated services is at the User's own risk.
6.11: The user must keep the username and password provided by the Service Provider to the user secret. The Service Provider is not liable for misuse of username and passwords and may assume that a User who logs in is actually a User. User must inform Service Provider if User suspects that username and passwords have fallen into the hands of unauthorized persons. The service provider has the right to take effective measures in such cases.
6.12: Service Provider does NOT allow sending unsolicited messages (SPAM) through its Website.
6.13: You may only post content information, material or advertisements in Dutch or English.
6.14: When you provide us with content, content, material, information, your Service Provider grants a non-exclusive, worldwide, perpetual (as long as protection is in effect) irrevocable royalty free and (at multiple levels) sublicensable right to the copyright, trademark, to exercise publicity and database rights (and all other rights necessary to host the content) that the User or other users of the Website now or later have with regard to the content in whatever form.
7: INTELLECTUAL PROPERTY RIGHTS .
7.1: You acknowledge and agree that the website contains files, other content and programs that are the property of Service Provider, licensor and / or users of the website and that are protected by applicable intellectual property rights, including but not limited to copyrights, database rights, neighboring rights, trademark law and patents.
7.5: It is not permitted to remove, make illegible to hide or change any notice or mention regarding intellectual property rights.
7.6: The service provider makes every effort to ensure that offered objects do not infringe on copyright, trademark rights or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, you must report this to the Service Provider so that the Service Provider can investigate this further.
8: FILE DATA UPLOAD / LICENSE.
8.1: Subject to the conditions set out in this user agreement, you will in principle retain the copyright and other intellectual property rights that belong to you with regard to the files that you make available to visitors to the website via the website.
8.2: You acknowledge and agree that by making files, data and or materials available to the Service Provider (which in these terms and conditions means inter alia: uploading them) you automatically provide the Service Provider:
A: A free, unencumbered, globally sublicensable, non-exclusive license grants among other things
1: Use, reproduce, distribute and disclose the files, data and / or materials in connection with the service of the service provider.
2: Reproduce the files, data and / or materials to use (and allow third parties to use and reproduce) in any media for marketing and / or promotional purposes in connection with the services provided by the Service Provider.
B: Grant the right to remove any files, data and / or materials made available by you from the servers of the Service Provider and from the website intended or unintentionally and for whatever reason and also without reason, without that service provider in any way also become liable to you or a third party as a result of such removal.
8.3: The license referred to in Article 8.2 ends the moment you or Service Provider remove the relevant files, data and or materials from the website.
8.5: You are completely independent and are solely responsible for all use that you make of the website, including but not limited to making files, data and / or materials available and for sending and sharing files, data and / or materials.
8.7: By making data and / or materials available to the Service Provider you guarantee that
A: You are authorized to do so in accordance with these conditions of use and that you are entitled to grant the Service Provider the rights referred to in these conditions of use.
B: The files of data and / or materials that you make available do not violate any law or infringe any rights of third parties, including rights from agreement, intellectual property rights, privacy rights and are not otherwise unlawful towards third party or Service Provider and that no permission or license is required or required from you or any third party to use the files on the Website.
D: The service provider will not be obliged to make any payment of any nature whatsoever to anyone, including to persons and parties whose implementation or concepts are contained in the files, data and or materials that you make available, or to the producer, publishers or makers thereof, including to collective rights organizations.
9.1: You cannot hold the Service Provider liable for the content of other users, for what other users do or do not do, or for the objects that they offer or make available.
9.2: The service provider does not accept any liability for damage as a result of attributable shortcomings in the fulfillment of this agreement to the provision of services including but not limited to the damage arising from or related to the use of the Website or the impossibility of doing so. to use and / or any related services from the Service Provider or from an unlawful act or otherwise insofar as this is permitted on the basis of mandatory law.
9.3: You acknowledge that the Service Provider only makes the Website and the associated services and advertising space available, and allows the user of the website access to it and that the Service Provider is in no way involved in transactions between buyers and sellers. The service provider has no control over and does not guarantee us the quality, safety or legitimacy of the objects offered, nor for the authenticity or accuracy of the objects, whether the seller is able to sell objects or the possibility of buyers to pay for items. We also cannot guarantee that a buyer or seller will actually complete a transaction.
9.4: The service provider does not transfer the legal ownership of objects from the seller to the buyer. Purchase / sale agreements are concluded directly between buyer and seller.
9.5: The service provider cannot guarantee continuous or safe access to the website and associated services. The functioning of the website and associated services can be disrupted by various factors over which the Service Provider has no control. When followed, we exclude as far as legally possible all explicit or implicit guarantees.
The Service Provider cannot be held liable for the loss of money, customers or good name or for any other specific, direct or indirect damage or consequential damage arising from or in any way connected with your use of the Website and associated services.
In some jurisdictions, liability may only be excluded or rejected to a limited extent. Where appropriate, we exclude guarantees and liability to the extent and to the extent permitted by law.
Regardless of the previous paragraph, if a court decision shows that the Service Provider is in any way liable to you or a third party, then our liability to you or any other party will be limited to the higher of the following amounts.
A: The total costs that you have paid to the Service Provider in the course of the 12 months prior to the action that gave rise to the liability.
B: 150 (one hundred and fifty) euros.
9.6: The user acknowledges that the Service Provider is neither able nor obliged to establish the identity of another user with certainty and that the User himself is obliged to ascertain the identity and good intentions of another User.
9.7: User acknowledges that Service Provider is not responsible for the payment method used by User to effect their transactions. The service provider is not liable for damage resulting from the use, use of or risks associated with a specific payment method.
9.8: User indemnifies Service Provider against all claims from third parties, for whatever reason, with regard to compensation for damage, costs, or interest, related to or arising from the agreement, the advertising space and or the products / services offered.
9.9: A condition for the existence of any right to compensation is that you report the damage to the Service Provider in writing as soon as possible after its occurrence. Every claim for compensation against Service Provider expires by the mere lapse of 12 months after the claim arose.
9.10: The service provider is not liable for any damage caused by the use or inability to use the Website, including damage caused by viruses, damage caused by non-delivery or delay in delivery of electronic messages, interception or manipulation of electronic messages. used by third parties or by software and equipment for electronic communication and transmission of viruses.
9.11: Service Provider is not liable for direct or indirect damage resulting from the use of content, information, materials obtained through the Website.
10.1: If you have a dispute with one or more users of the Website, you indemnify your Service Provider (and the staff, intermediaries and associated companies, partners and employees) of and compensate your Service Provider for every known and unknown form and type of claims, claims and damage arising from or in any way related to such disputes.
11.0: All mentioned prices on the website are subject to interim changes and typing errors
11.1: User must make any payments to Service Provider by transfer.
11.2: All prices are in euros and include sales tax (VAT) unless otherwise specified.
11.3: All prices on the website of Service Provider are subject to programming and type errors. No liability is accepted for the consequences of such errors.
11.4: The prices mentioned on the Website can be changed without prior notice. Only the price stated on the Website at the time the agreement is concluded is binding. In the event of periodic payments, the Service Provider is entitled to increase the rates once every six months. To this end, the Service Provider will inform the User at least two months in advance of the highest rate changes. In the event of a price increase of more than 10%, the User is entitled to terminate the Agreement, subject to a notice period of one (1) month.
11.5: The User cannot hold the Service Provider to offers and or prices if you could reasonably have understood that the offers and or price contained an obvious mistake or error.
11.6: Payment / credit: The Service Provider offers the user the opportunity to purchase Payment / Credit, with which the User can pay certain amounts owed to the Service Provider. The payment / credit is valid for a period of 24 months from the date of purchase of the payment / credit. After a period of 24 months, any unused credit will expire without the user being entitled to compensation. The Payment / Credit cannot be exchanged for money and is not transferable.
12: PAYMENT TERMS.
12.1: The Service Provider will send a statement to the User for the amount owed by the User. The payment term of this invoice is fourteen days after the date of the invoice, unless otherwise indicated on the invoice or otherwise agreed in the Agreement.
12.2: After the expiration of 14 days after the payment term, the User who fails to pay on time is legally in default without any notice of default being required. If an amount due is not paid within the payment term, the statutory interest on the outstanding claim behavior is owed without further notice of default by the Service Provider.
12.3: In the event of late payment, in addition to the amount owed and the interest thereon, the User will be obliged to fully compensate both extrajudicial and judicial collection costs, including the costs for lawyers, bailiffs and collection agencies.
12.4: The claim for payment is immediately due and payable if the User is declared bankrupt, applies for a moratorium, or seizes all assets of the User, the User dies and, furthermore, if it enters into liquidation or is dissolved.
12.5: In the above cases, the Service Provider also has the right to terminate or suspend performance of the Agreement or any part thereof that has not yet been carried out without notice of default or legal intervention, without the right to compensation for damage to the User that may arise as a result.
12.6: You can find a further specification of the declaration online in your account.
12.7: Questions and / or complaints regarding declarations sent to you by the Service Provider must be made known to the Service Provider within 12 months of the invoice date. Every claim from you concerning invoices expires by operation of law after the expiry of 12 months after the invoice date.
13: CONTENT OF THIRD PARTY.
13.1: It is possible that the Website and associated services contain content and services from third parties and / or links to third-party websites. The inclusion or presence of third-party content on the Website does not imply that the Service Provider has approved or checked this content. Service Provider is not responsible for the content and method of content of third parties or for any use thereof by User of the Website.
13.2: The website contains references (for example by means of a hyperlink banner or button) to websites of third parties. These references can also be placed in or next to your content or advertisement. The service provider has no control or influence over the content and policies of these websites. On these websites you fall under the (privacy) rules of that site. If you use the services of external service providers, your use thereof falls under the (privacy) rules of the relevant service provider. The service provider has no control or influence over the services and policies of these service providers.
13.3: Products and services offered by third parties are subject to the applicable terms and conditions of those third parties.
14: PROMOTION OF THE WEBSITE FOR ADVERTISING PURPOSE
14.1: The service provider promotes the Website and its content (possibly containing your material) and may provide third parties with access to your material to enable them to promote your posted material on their websites, software applications and email and other channels. Our promotions and promotions from third parties may contain (parts of) your content, advertisement and or your material. The service provider can technically change your material in such a way that it is accessible from third-party mobile equipment or software applications.
14.2: You are not permitted to use the Website of Service Provider or any content thereof, including making available to third parties in any way and or reproducing the (content of) the Website, other than in accordance with the purpose of the Website . This also means, among other things, that you are not permitted to request and reuse a substantial part of the contents of the database (s) without prior written permission from the Service Provider and / or non-substantial parts of the contents of the database (s). ) repeated and systematic retrieval and reuse within the meaning of the Database Act.
15: RIGHTS AND OBLIGATIONS OF SERVICE PROVIDER.
15.1: Service Provider has the right to adjust the offered services and associated software from time to time to improve functionality and to correct errors. If an adjustment leads to a significant change in functionality, the Service Provider will notify the User of the change. Because the services are provided to multiple Users, it is not possible to waive a specific adjustment only for the User. The service provider is not obliged to pay any compensation for damage when adjusting the services and associated software.
15.2: The Service Provider retains the right at all times to refuse material and / or advertisement placed by the User and to remove or move it from the Website if, in the Service Provider's sole judgment, this is not in accordance with the purpose of the Website. . This includes items that may not be freely sold under the law by private individuals, live animals, food, alcoholic beverages, cigarettes, drugs, stolen goods, firearms, and explosives, content, and materials that violate rights of third parties (such as rights of third parties). intellectual property). In case of doubt whether the offered material, content and / or advertisement can be placed on the Website, the user can ask the Service Provider by email about the permissibility of the material.
15.3: Service Provider retains view at all times, without giving reasons, the right for a User to block access to the Website and associated services, to remove user account and to remove accompanying material.
15.5: Should the service provider have knowledge or come to the realization that information content and / or materials placed by the User are unlawful or do not comply with the law, the Service Provider will act immediately to remove or block access to that information. The service provider is in no way liable for damage resulting from that action.
16: CONTENT PROHIBITED:
16.1: In this article follows a non-exhaustive list of content that you can in any case NOT make available via the Website (whereby it is the sole discretion of the Service Provider whether or not certain content is permitted)
A : Content that is discriminatory with regard to appearance, race, religion, gender, culture, origin or otherwise offensive may be called
B: Content that calls for violence against and / or harassment of another person or others.
C: Content that leads to or is the result of exploitation or abuse of others.
D: Content that, in the opinion of the Service Provider, is contrary to good morality or good taste, is violent or contains a link to pornographic material or a pornographic website or contains pornographic or erotic material.
E: Content in which personal data of minor are requested and or in which personal data of others are made available.
F: Content that promotes or commits illegal activities.
G: Content that infringes intellectual property rights, privacy rights or that violates any other rights of Service Provider or third party.
H: Content with which chain letters, junk mail or spamming are involved and or where passwords or veins are retrieved for persons traceable information for commercial or illegal purposes.
I: Content that involves commercial activities without the written permission of the Service Provider, such as advertising lotteries or playing a pyramid.
J: Content that includes a photo or image of another person without his permission.
L: Content that is full of language errors.
17: NOTIFICATION OF ILLEGAL CONTENT.
17.1: The Service Provider will investigate notifications of infringements of third-party rights by the User of the Website and, if possible, take action against them. If you believe that a User of the Website infringes your rights, we request that you report this to Service Provider by finding an email on the contact form on the Website.
In this email you must state the following.
A: The Link to where the material can be found which in your opinion infringes the Service Provider's website.
B: A statement that, in your opinion, your rights are being infringed and why.
C: Contact information where Service Provider can contact you such as your name address telephone number and your email address.
D: A statement supported by evidence that the information in your notification is correct and complete and if it concerns a violation of intellectual property rights that you are the owner of the intellectual property rights involved.
E: A signature by the owner of the intellectual property rights or the person who is demonstrably authorized to act on behalf of the owner.
F: If it concerns an infringement of intellectual property rights, contain a description of the work or works that you believe has been infringed with a specification that it is not infringing.
17.2: The Service Provider reserves the right to forward notification to the User or company responsible for the content subject to the notification.
17.3: If the notice shows that the content is unmistakably unlawful, the Service Provider will remove it or make it inaccessible.
17.4: The Service Provider reserves the right not to grant a request to remove or make content inaccessible if it has good reason to doubt the accuracy of the notification or the legality of the evidence provided or if the content on which the notification does not demonstrate that the content in question is unmistakably unlawful.
17.5: By giving notice you indemnify your Service Provider and all its associated services and companies as well as its personnel and legal successors for any claim by third parties in connection with the removal or inaccessibility of information. The indemnity also relates to all damage and costs that the Service Provider suffers may still suffer or that Service Provider must incur in connection with such a claim, including but not limited to the reimbursement of costs for legal assistance.
17.6: The Service Provider cannot in any way be a party to a dispute between the person from whom the notification originates and the User to whom the notification relates.
18: FAULTS AND FORCE MAJEURE.
18.1: In the event of force majeure, which in any case means deposits or cancellations of the internet, the telecommunications infrastructure, power outage, internal disturbances, mobilization, war, blockage in transport, strike, exclusion, business disruptions, stagnation in supply, fire , flooding, import and export barriers and in the event that the Service Provider is not able to deliver by its own suppliers irrespective of the reason therefor under which compliance with the agreements cannot reasonably be expected of the Service Provider, the implementation of the agreements will be suspended , or be terminated when the force majeure situation has lasted longer than ninety days, all without any obligation to pay compensation.
18.2: The Service Provider will endeavor to inform the User about the nature and the expected duration of the interruption in the event of the Website being unavailable and the associated services due to malfunction, maintenance or other causes.
19.1: By using the Website you are bound by our Privacy Statement.
19.2: User agrees with and gives Service Provider permission to process personal data in order to be able to execute the Agreement with service provider.
20: DURATION AND TERMINATION.
20.1: The Agreement is entered into for an indefinite period.
20.2: The Agreement can be terminated by a Party at any time, which cancellation may take place without reasons and reasons.
20.3: If one Party does not properly or within a set period or otherwise timely meet any obligation that may arise for it from any Agreement, one Party is in default and the other Party is entitled to dissolve the Agreement in whole or in part without notice of default, without prejudice to the other rights of the dissolving Party and without the dissolving Party being liable for damages.
20.4: In the event of dissolution or cancellation as referred to in the aforementioned articles, the following obligations will continue at the end of the Agreement:
A: Outstanding payments. B: Intellectual Property Rights. C: Liability.
These will remain in place for as long as the Service Provider can reasonably claim the existence thereof.
21.1: The parties undertake to maintain confidentiality with regard to all confidential information that they receive from the other party. Parties impose these obligations on their employees as well as on the third party engaged by them to implement the agreement between the parties.
21.2: Information is in any case considered confidential if it is indicated as such by a party.
22: FINAL PROVISION:
22.1: These terms and conditions of use are governed by Dutch law.
22.2: Insofar as the rules of mandatory law are not prescribed otherwise, all disputes that may arise will be submitted to the competent Dutch court for the district in which the Service Provider is established.
22.5: Information and announcements on the Service Provider's website are subject to programming and type errors.
22.6: The parties will always inform each other immediately in writing of any changes in name, postal address, email address, telephone number and, if requested, bank or giro number.
22.7: Titles are all intended for reference and do not limit the scope of the relevant article of this User Agreement.
22.8: If the Service Provider fails to act in response to a violation by the User or others, this does not mean that the Service Provider loses the right to act in response to subsequent or similar violations. The Service Provider cannot guarantee that it will take action against all violations of this Agreement.
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