TERMS OF USE
Welcome to Pinkels World (the "Site"). The Site is operated by Pinkels Media Group, part of Pinkels BV and its affiliates (collectively referred to herein as "we," "us," or "our"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Agreement to Terms of this Website. By accessing and/or using this website, you agree to be bound by our Terms and Applicable Law as defined herein governing this website and the delivery of services to you by Pinkels BV. If you do not agree to these Terms set forth, then do not use this website.
Modifications. Pinkels BV is continually improving its services, and updating its Terms as laws change, as given changes arise in the industry, in regulation, in technology and in other relevant business areas. Consequently, this website and/or our Terms will be modified and/or discontinued from time to time at the sole discretion of Pinkels BV. Therfore we encourage you to review our Terms each time you visit our website to make sure you understand our current Terms and to check for any updates or changes to our policies.
Restrictions on use of Materials. All Materials contained in the Site are the copyrighted property of Pinkels BV. or its subsidiaries or affiliated companies and/or third-party licensors. All trade marks, service marks, trade names, and trade dress are proprietary to Pinkels B.V., or its affiliates or licensees. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you make no modifications to the Materials; (c) you do not use the Materials in a manner that suggests an association with any of our products, services, or brands; and (d) you do not download quantities of Materials to a database that can be used to avoid future downloads from the Site. The use of any Site material on any other Web site or computer environment is prohibited.
Software Licenses. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
User Submission. We are pleased to hear from our visitors and welcome your comments regarding our products and services. However, our company policy does not allow us to accept or consider creative ideas, suggestions, or Materials other than those that we have specifically requested. We hope you understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative Materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or Materials (unless specifically requested by us).
If, through participation in certain activities, you send any material (e.g. postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
Forum and public commnications. "Forum" means a chat area, message board, instant messaging, mobile messaging or e-mail function (including, but not limited to, electronic greeting cards) offered as part of the Site. If you participate in any Forum within the Site, you agree to follow our terms set forth below. Without prejudice to our obligations under data protection law and in particular without regard to your registration information in accordance with our Privacy Policy, we must make clear that anything you submit to the Site by way of any Forum is routed through Pinkel’s servers and the public Internet and that, therefore, it is not technically possible to safeguard privacy with regard to any such submission. You acknowledge that the Forum and features on Pinkels sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. Given the above, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.
Registration of Subscriptions. If you become a registered subscriber to Pinkels, you agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. We reserve the right to terminate your subscription if any individual other than you attempts to access Pinkels using your user name or password or if you (anyone using your user name and password) otherwise breaches these Terms of Use. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access Pinkels in violation of these Terms of Use. E-mail us immediately at the address listed in the "Contact Us" Section if you believe someone has accessed Pinkels using your user name and password without your authorization. You are responsible for all liabilities and costs incurred in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account
Subscriptions fees. All subscription fees and any other charges incurred in connection with your user name and password (including any applicable taxes) will be billed to you (and you agree to pay for the same amount) at the rates in effect. Subscriptions rates may be changed from time to time at the sole discretion of Pinkels BV. These new rates are coming into effect when your current subscription period has been ended and you decide to purchase Pinkels service for a new subscription period.
Payment security. Pinkels BV will provide to its subscribers various (local) payments methods and will make use of third parties (internet payment, banks) for the execution of the money transfers. While in most cases transactions are completed without incident, we cannot guarantee the security on the Internet and we cannot take responsibility for the success or of transactions processed by third parties.
Links and Search Results. This website may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Pinkels BV is not affiliated with these third parties and has no control over these third party sites or their content. Pinkels BV is not responsible for the content or performance of any portion of the internet including other World Wide Web sites to which this Web site may be linked or from which this Web site may be accessed
Disclaimers. Pinkels BV does not promise that this website or its Materials shall be complete, error free, free of virus or contamination, or uninterrupted. The website and its Materials are provided on "as is" and "as available" basis. Pinkels B.V., and its affiliates and licensees to the fullest extent permitted by law, specifically disclaims all warranties, expressed or implied of any nature whatsoever related to every aspect and element of this website including but not limited to warranties of merchantability and fitness for a particular purpose. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE DESTRUCTION OF SOFTWARE AND/OR HARDWARE, OR THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PINKELS BV, ITS AFFILIATES AND LICENSEES ARE NOT AND WILL NOT BE RESPONSIBLE FOR ANY OF THOSE COSTS WHATSOEVER. FURTHER, IN NO EVENT SHALL PINKELS BV, ITS AFFILATES AND LICENSEES, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, FORESEEABLE, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE AND/OR INABILITY TO USE THE WEB SITE AND/OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PINKELS BV, ITS AFFILIATES AND/OR LICENSEES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Violation of Terms & Indemnity. If you violate the Terms, your permitted use is automatically terminated. You agree to defend, hold harmless and indemnify Pinkels BV, its affiliates and licensees and each of them, against and from any and all third party claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorney's fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) any claim based upon your ultimate use of the Content or services available on this Web site in any unauthorized manner and (iii) any content or Materials submitted by you.
Severability. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
Jurisdiction & Disputes. You agree that any dispute whatsoever arising under our Terms, the use or access of and/or involving this website, shall be governed by and construed in accordance with the laws of the Netherlands (collectively referred to herein as "Applicable Law").
If you have any queries you can write to us at Pinkels B.V. Prinsengracht 13, 1015DK Amsterdam The Netherlands.
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