Algemene Voorwaarden: een overeenkomst tussen u en [NAAM]voor het bruik van deze
website en diensten
Welkom op de website en diensten vaneo 2019 The Netherlands. strong>
Wij hopen dat u geniet van uw gebruik van onze faciliteiten. Wij vragen u te begrip dat dit een juridische wereld is en dat je, door niet onmiddellijk verlaten van deze website
nu of direct na het lezen van onze algemene voorwaarden accepteert u onze diensten
onder de voorwaarden van deze overeenkomst.
Het is uw plicht om u zelf op de hoogte te houden betreft eventuele wijzigingen die kunnen optreden
tussen bezoeken, zoals het gebruik van onze diensten elke keer onder de voorwaarde dat u
accepteer alle onze algemene voorwaarden. Wij kunnen onze algemene voorwaarden van
tijd tot tijd aanpassen, zonder u uitdrukkelijk te informeren.
1 eo 2019 The Netherlands Services:
- Creëer, design, customize producten die in de verkoop staan.
- Koop producten die in de verkoop staan.
- Opslaan en delen producten die u ontworpen heeft.
- Gebruik onze afbeeldingen en ontwerp tools.
- Opslaan en creëer afbeeldingen en designs in publieke en/of persoonlijk galerijen.
- Plaats uw gecreëerde afbeeldingen op eigen sociale netwerken of blogs
- Registreer om gebruik te maken van speciale aanbieden en om galerijen te gebruiken.
2 Gebruik onze eo 2019 The Netherlands Services en Website:
Rekening houdend met de gemaakte beloften en verplichtingen en veronderstelde regels zijn wettelijk gebonden, deze Gebruiksvoorwaarden luiden als volgt.
2.1 VOORWAARDEN VOOR TOELATING kinderen jonger dan 18.
eo 2019 The Netherlands zal alleen producten of diensten aan personen leveren die de voorwaarden
rechtmatig kunnen aangaan, onder de toepasselijke wetgeving.
Als je jonger bent dan 18 jaar, maar ten minste 13 jaar oud bent, kunt je producten of diensten alleen onder toezicht van een ouder of wettelijke voogd ontvangen, als zei
ermee instemmen zich te binden aan deze gebruikersvoorwaarden.
Kinderen onder de 13 jaar mogen de website bekijken, MAAR MOGEN GEEN PRODUCTEN OF DIENSTEN BESTELLEN.
2.2 Definities en interpretatie
- Intellectual Property Rights means all industrial, commercial and
intellectual property rights (including equivalent, neighbouring or
proximate rights anywhere in the world that currently exist or are
recognised in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A User means any person using the website and/or services provided by Piki
- A reference to any document, material, information or data includes that
document, material, information and data howsoever stored, recorded or
embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
3 User's Obligations
Users are and shall be wholly and exclusively responsible, at their own cost,
- all telecommunications lines, modems, communication controllers, routers,
multiplexers, terminals and all other equipment, hardware and software
necessary to access and use the Website and services;
- the use that it makes of the Website , including any article, material,
literary or artistic work, design or other matter that they author, invent,
create, develop or produce;
- complying with all laws, regulations and rules in the uses country or
- complying with any recommendations or guidelines issued by eo 2019 The Netherlands with
respect to the use of the Website and/or services and
- ensuring that all electronic or other media it uses in connection or in
conjunction with the Website and the services provided complies with these
3.2 Restrictions on Users
Users shall not and has no right to either:
- reproduce, publish, distribute, sub-license and/or resell either the
Website and/or service to any person; or
- use either the Website to supply any service to any person; or
- modify, adapt, disassemble, recompile and/or reverse engineer either the
Website or service;
- access or use either the Website and/or service to create, author, design,
manufacture, market, publish, transmit, broadcast, distribute or sell any
article, product, material or other matter that either:
- infringes the rights of any person, including, without limitation,
Intellectual Property Rights, trade secrets, rights of privacy and
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to adware, cracks, hacks or
similar utilities or programs,
- contains explicit sexual content,
- does or may denigrate or offend any ethnic, racial, gender, religious
or other group, through use of language, images, stereotypical depiction
- is designed to or does harass, threaten, defame or abuse others,
- exploits images or the likeness of minors,
- encourages the use of drugs or the under-age use of alcohol or
- is generally offensive or in bad taste;
- use "Spam", "blast-faxes" or recorded telephone
messages to market or sell any products or services,
- use, transfer or implant a virus, routine or any computer program or
technology that disrupts, disables, interferes with or otherwise has a
detrimental affect on the Website and/or the PIKIWAREÂ® Platform,
- take any action that imposes any unreasonable or disproportionately large
load on the Website or the Service,
- use a robot, spider or other device or process to monitor the activity on
or copy pages from the Website or the Service,
- collect electronic mail addresses or other information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with any persons ability to use or
access the Website and/or services, or
- assist, procure or aid any person to engage in any activity prohibited by
- frame or link or otherwise use or display the Website in such a manner so
that it appears to be part of its own or someone else's website, without
USER ACKNOWLEDGES AND AGREES THAT eo 2019 The Netherlands MAY IN ITS SOLE AND UNFETTERED
DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE
LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS
4. eo 2019 The Netherlands Obligations
4.1 Access to and use of the Website and Services Subject to
user complying with and discharging each of its obligations under these Terms of
Use, eo 2019 The Netherlands shall allow user to access and use the Website and the services
4.2 Privacy: eo 2019 The Netherlands may collect personal data concerning
the user in the course of and incidental to users use of the Website and
services. eo 2019 The Netherlands shall comply with, and user hereby consents irrevocably and
unconditionally to eo 2019 The Netherlandss collection, use and disclosure of such data in
the link on the Website).
User acknowledges that eo 2019 The Netherlands has no obligation to user to provide any
training or other support in relation to the use or operation of the Website
4.4 Modification of the Website.
eo 2019 The Netherlands reserves the right to modify the organization, structure, content or
"look and feel" of the Website and/or the services, and may change,
suspend, or discontinue any aspect of the Website and/or the service at any time
without notice or any liability to user or any person. eo 2019 The Netherlands shall have
complete discretion over the features, functions and other terms and conditions
on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
right, title or interest in or to any Intellectual Property Rights that vest or
subsist in or relate to the Website and/or the services provided other than
pursuant to the express authorisation set out in clause 4.1. eo 2019 The Netherlands grants
user a limited revocable licence to access and use the Website and the service
This licence does not include the right to collect or use information contained
on the Website for purposes prohibited by eo 2019 The Netherlands; to compete with Piki
Print; to create derivative works based on the layout or design, look-and-feel,
or structure of the Website; or download or copy the Website (other than page
caching). If user uses the Website in a manner that exceeds the scope of this
and deny access to and use of the Website.
5.2 Prohibition on infringement
User acknowledges and agrees that eo 2019 The Netherlands does not permit, authorise or
condone and hereby expressly prohibits user from accessing or using the Website
and/or the services in a manner that infringes, or is likely to infringe, the
Intellectual Property Rights, or any other rights or privileges, of any person
anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any
original material that it authors, designs or creates using the functionality
provided by the Website. If the user chooses to add any item to a public
gallery, In consideration of the authorisation granted under clause 4.1, User
hereby grants to eo 2019 The Netherlands an irrevocable, perpetual, non-exclusive, world-wide
licence to do all acts and things (including to authorise other persons to do
all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account
designation upon completing the Site's registration process. You are responsible
for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify eo 2019 The Netherlands of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. eo 2019 The Netherlands cannot and will
not be liable for any loss or damage arising from your failure to comply with
this Section 6.
7.1 Users warranties
User represents and warrants to eo 2019 The Netherlands that, in its use of the Website and
the Services provided, it:
- will not infringe the Intellectual Property Rights, trade secrets, rights
of privacy, rights of publicity or other legal right of any person, and
- will comply with all applicable laws, rules, and regulations.
- User further represents and warrants to eo 2019 The Netherlands that:
- there are no claims, demands or any form of litigation pending, or to the
best of its knowledge, threatened with respect to any content used or
proposed to be used by user;
- eo 2019 The Netherlands will not be required to make any payments or compensation to
any person in connection with its use of such content; and
- such content does not contain viruses or any other programs or technology
which disrupts or damages the Website and/or the Services provided.
7.2 eo 2019 The Netherlandss warranties
eo 2019 The Netherlands represents and warrants that it has the right to grant access to and
license the use of the Website and services to user subject to and in accordance
- eo 2019 The Netherlands provides the Website and Services on an "as is" and
be construed as a representation or warranty by eo 2019 The Netherlands that the
functionality or operation of the Website and/or the services will:
- be uninterrupted or free of errors and inaccuracies;
- meet users requirements; or
- operate in the configuration or with the hardware or software used by
- User acknowledges and agrees that the Website and the service (as with
technology generally), may have errors (or bugs) and may encounter
unexpected problems. Accordingly, user may experience downtime and errors in
the use or operation of the Website and/or services provided.
- eo 2019 The Netherlands does not and cannot control the flow of data and information
through the internet, and such flow depends on the performance of persons
and entities whose actions or inactions may produce situations in which
connections to the internet (or portions thereof) are impaired or disrupted
and for which eo 2019 The Netherlands is not liable.
- eo 2019 The Netherlands does not warrant that any data, information or other content
provided on the Website, whether concerning any goods or services or any
other subject, is complete or accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS,
INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR
SERVICES THAT MAY BE PROVIDED BY eo 2019 The Netherlands, THAT WOULD OTHERWISE BE IMPLIED BY
STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR
OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY,
FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY
7.5 No representation or reliance
(a) User acknowledges that neither eo 2019 The Netherlands nor any person acting on Piki
Prints behalf has made any representation or other inducement to user to enter
(b) User acknowledges and confirms that it does not enter into these Terms of
Use in reliance on any representation or other inducement by or on behalf of
eo 2019 The Netherlands, except for representations or inducements expressly set out in these
8. Exclusion and Limitation of Liability
8.1 Subject to law
pursuant to applicable law to do so is unlawful or void; or
applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either
8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall eo 2019 The Netherlands be liable to user or to
use of (or failure or performance of) the Website and/or the services provided
(a) malfunctions, failures, defects, acts or omissions or any other default or
liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by eo 2019 The Netherlands;
- accident, misuse or abuse by anyone other than eo 2019 The Netherlands;
- alteration or modification of the Website and/or the service, or any
component or part of the Website and/or the service provided, by anyone
other than eo 2019 The Netherlands;
- products (including any hardware or software) or services not licensed or
supplied by eo 2019 The Netherlands;
- power surge or failure,
- events of force majeure or events outside eo 2019 The Netherlandss actual control; or
- any other condition not arising under normal operating conditions;
(b) any loss, cost, damage or expense of any nature arising or caused directly
or indirectly by any breach of users obligations or responsibilities set out in
(c) any loss of profit, business interruption, loss of or damage to goodwill,
and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages
of any nature, whether such liability is asserted on the basis of common or
civil law or in equity, including pursuant to any statute, contract, tort
(including negligence or strict liability) or otherwise and notwithstanding that
eo 2019 The Netherlands has been advised of the possibility of any particular loss or damage.
eo 2019 The Netherlands may, in its sole and unfettered discretion, and without users
consent, place links on the Website to other websites that are owned or operated
by other persons. User acknowledges and agrees that eo 2019 The Netherlands is not
responsible for the operation of or content located on any such website, and
eo 2019 The Netherlands cannot and does not warrant that the content of such websites is
accurate, complete, legal and/or inoffensive. By choosing to link to these other
websites, user acknowledges and agrees that it may not make any claim against
eo 2019 The Netherlands for any damages or losses of any kind arising from the other website
and/or the link.
8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under
whether express or implied, shall be limited to the substitution or replacement
of any product or service that has been ordered and paid for by Subscriber using
8.5 Indemnity User shall indemnify and hereby releases
unconditionally eo 2019 The Netherlands , without set off or adjustment, against and from any
liability, loss, cost, expense or damage, including all legal fees, arising from
or relating to: (a) its use of the Website and/or services and/or the media or
content posted or uploaded by it, including any alleged or actual violation of
any law directly or indirectly arising from such use; (b) any breach or alleged
said media or content; and (d) any infringement or alleged infringement by user
of any persons Intellectual Property Rights, rights of privacy or publication,
or otherwise anywhere in the world.
(a) At any time and with or without cause, eo 2019 The Netherlands may immediately terminate
hereunder, including suspending users access to and/or use of the Website and/or
the Services provided by eo 2019 The Netherlands. In no event shall any such termination or
suspension by eo 2019 The Netherlands relieve user of any obligation that has accrued under
website and using the services
9.2 Effect of termination
any websites, web pages, files, graphics, media or other content or material
relating to users use of the Website and/or the Services provided and eo 2019 The Netherlands
shall have no liability to user or any person for doing so.
affect any cause of action, right, remedy or defence which shall have accrued or
shall thereafter accrue to either party.
unenforceable by any court or tribunal having jurisdiction in respect of these
(a) it shall be read down or severed in that jurisdiction only to the extent
that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in
another jurisdiction or the remaining terms or clauses in any jurisdiction.
discretion at any time, and user hereby agrees to abide by and be fully bound by
such amended terms. The amended terms shall be effective automatically and
immediately once they are posted on the Website, and user's continued access and
use of the Website and the Services on or after such effective time constitutes
the user's unequivocal and unconditional acceptance of the amended terms. These
and remedy is to cease using the Website and the eo 2019 The Netherlands services.
A waiver, consent, election or acquiescence given by a party under these Terms
of Use is only effective and binding on that party if it is given or confirmed
in writing by that party.
(a) eo 2019 The Netherlands may at any time transfer, assign, novate or otherwise dispose of
no less than five (5) days notice in writing.
10.5 Governing Law and Jurisdiction
law in force for the time being in Delaware, United States of America (without
regard to its conflict of law rules).
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts
of Delaware, and the courts competent to determine appeals from those courts,
with respect to any proceedings that may be brought at any time relating to