HEADBANGERSLIFESTYLE WEBSITE TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, HeadBangers LifeStyle B.V. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without HeadBangers LifeStyle B.V. express written consent.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without HeadBangers LifeStyle B.V. express written consent.]
[Access to certain areas of this website is restricted.] HeadBangers LifeStyle B.V. reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at HeadBangers LifeStyle B.V. discretion.
If HeadBangers LifeStyle B.V. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[HeadBangers LifeStyle B.V. may disable your user ID and password in HeadBangers LifeStyle B.V. sole discretion without notice or explanation.]
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or HeadBangers LifeStyle B.V. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
HeadBangers LifeStyle B.V. reserves the right to edit or remove any material submitted to this website, or stored on HeadBangers LifeStyle B.V. servers, or hosted or published upon this website.
[Notwithstanding HeadBangers LifeStyle B.V. rights under these terms and conditions in relation to user content, HeadBangers LifeStyle B.V. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
This website is provided “as is” without any representations or warranties, express or implied. HeadBangers LifeStyle B.V. makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, HeadBangers LifeStyle B.V. does not warrant that:
l this website will be constantly available, or available at all; or
l the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
HeadBangers LifeStyle B.V. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
l [to the extent that the website is provided free-of-charge, for any direct loss;]
l for any indirect, special or consequential loss; or
l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if HeadBangers LifeStyle B.V. has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit HeadBangers LifeStyle B.V. liability in respect of any:
l death or personal injury caused by HeadBangers LifeStyle B.V. negligence;
l fraud or fraudulent misrepresentation on the part of HeadBangers LifeStyle B.V.; or
l matter which it would be illegal or unlawful for HeadBangers LifeStyle B.V. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
[You accept that, as a limited liability entity, HeadBangers LifeStyle B.V. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against HeadBangers LifeStyle B.V. officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect HeadBangers LifeStyle B.V. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as HeadBangers LifeStyle B.V..
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify HeadBangers LifeStyle B.V. and undertake to keep HeadBangers LifeStyle B.V. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HeadBangers LifeStyle B.V. to a third party in settlement of a claim or dispute on the advice of HeadBangers LifeStyle B.V. legal advisers) incurred or suffered by HeadBangers LifeStyle B.V. arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to HeadBangers LifeStyle B.V. other rights under these terms and conditions, if you breach these terms and conditions in any way, HeadBangers LifeStyle B.V. may take such action as HeadBangers LifeStyle B.V. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
HeadBangers LifeStyle B.V. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
HeadBangers LifeStyle B.V. may transfer, sub-contract or otherwise deal with HeadBangers LifeStyle B.V. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and HeadBangers LifeStyle B.V. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Dutch LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of The Netherlands.
Registrations and authorisations
HeadBangers LifeStyle B.V. is registered with KvK number 63094622. You can find the online version of the register at http://www.kvk.nl]. HeadBangers LifeStyle B.V. registration number is 63094622
HeadBangers LifeStyle B.V. is registered with the Kamer van Koophandel. HeadBangers LifeStyle B.V. professional title is HeadBangers LifeStyle B.V. and it has been granted in The Netherlands.
HeadBangers LifeStyle B.V. subscribes to the following code[s] of conduct: Internet Code of Conduct. The Code is attached to this document.
HeadBangers LifeStyle B.V. details
The full name of HeadBangers LifeStyle B.V. is HeadBangers LifeStyle B.V.
HeadBangers LifeStyle B.V. is registered in the Netherlands
HeadBangers LifeStyle B.V. address is Vikingrade 28, 2912 PM Nieuwerkerk aan den Ijssel, The Netherlands.
You can contact HeadBangers LifeStyle B.V. by email to firstname.lastname@example.org.
This document was created using a Contractology template available at http://www.freenetlaw.com.
Website Code of Conduct
We want all visitors to our websites to have a safe, interesting and friendly experience. Accordingly, all users of our sites and any contributions they make to the sites must comply with this Code of Conduct. Your use of our websites means that you accept and agree to abide by this Code of Conduct, which supplements and forms part of the Website Terms (which you can access by clicking on the link at the bottom of our websites). We may need to revise the Code of Conduct from time to time by amending this page. Please review this page regularly to ensure you are aware of any changes we make as they are legally binding on you. If you reasonably believe that any contribution to our websites made by another user contravenes this Code of Conduct and/or any of the Website Terms, please notify us using the “Report Abuse”/”Flag as Inappropriate” or equivalent button. Within this Code of Conduct, “contribution” means any material posted or uploaded to our websites by a member of the public, including without limitation any text, photographs, graphics, video or audio material.
YOUR CONTRIBUTIONS: • must be your own original work. You may be entitled to incorporate into your contribution certain material made available on our websites but only where that is expressly made clear. Otherwise, all material in your contributions must be your own original piece of work and should not plagiarise others’ work. • must not infringe anyone else’s rights, including copyright. Your contributions must not plagiarise or infringe the rights of any other person including any copyright, database, trade mark, trade secret, privacy, publicity, personal or proprietary rights of any kind. Therefore with regard to existing articles, news reports, music, video clips or other copyright material you will generally need the explicit permission of the relevant copyright owners • must not contain unlawful or objectionable content nor involve disruptive, offensive or abusive behaviour. Please be respectful and civil to other members, even if you disagree with them. Material that is unlawful, harassing, threatening, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable. •must be true and accurate. Your contributions must be true, accurate (where they state facts) and be genuinely held (where they state opinions).
•must not contain unsuitable or irrelevant website addresses or URLs. Links to pornography, commercial or other inappropriate content may be deleted. • must not promote illegal or anti-social behaviour. Contributions must not contain violent or sexually explicit material or advocate, promote or assist any unlawful act such as (by way of example only) terrorist acts, copyright infringement or computer misuse.
• must not misrepresent their origins. Contributions and/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or to give the impression that they emanate from us, if that is not the case.
• must not be in any language other than English (or the predominant language of the website if not English). Contributions in other languages may be removed.
• must not involve any flooding, spamming or advertising. Flooding is when the same comment is posted over and over in the same forum; spamming is the posting of the same comment (or very similar) to more than one forum. All advertisements, chain letters, pyramid schemes, junk mail and any other forms of commercial solicitation are prohibited.
• must not disclose any personal information. Contributions to this website are publicly available and can be viewed by others with whom you may not wish to share such information. Do not include any personal or personally identifiable information about you or others (including your own or anyone else’s email address).
• must not include spoilers. Please do not post any messages in forums (or in any other form of contribution) containing plot developments that have yet to be broadcast on local television, radio or in cinemas. These may spoil the enjoyment of others. In relation to any forum, please note that when the first post in a thread is deleted, all of its subsequent replies may also be automatically deleted. This means that some of your posts may be deleted because they were placed in response to a post that contravened the Code of Conduct. Keeping your post within these rules will not only ensure that your posts are not removed from the forums, but also that the posts of others will remain.
BREACH OF THE CODE OF CONDUCT
It will be our sole decision as to whether there has been a breach of this Code of Conduct. We have the right (but not the obligation) to edit, refuse to post, or to remove any contribution in whole or in part that we deem to be in breach of the Code of Conduct. Where we believe there is a breach of the Code of Conduct, we may take whatever action we feel is appropriate in the circumstances. Failure to comply with this Code of Conduct constitutes a material breach of the Website Terms, which could result in us taking any of the following actions:
• issuing a warning to you;
• immediate, temporary or permanent withdrawal of any contribution or of your right to use our websites, including deletion of any personal profile;
• legal proceedings against you for reimbursement of all losses and costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and/or further legal action against you; and/or
• disclosure of such information to law enforcement authorities or other relevant third parties as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this Code of Conduct. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.