Terms and ConditionsTerms and Conditions
HEADBANGERSLIFESTYLE WEBSITE TERMS AND CONDITIONS
Terms and conditions of use
- Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full;
accordingly, if you disagree with these terms and conditions or any part of
these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use
any of our website services, we will ask you to expressly agree to these terms
and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website
or agreeing to these terms and conditions, you warrant and represent to us
that you are at least 18 years of age. - Credit
2.1 This document was created using a template from Docular (https://
docular.net). - Copyright notice
3.1 Copyright (c) 2015 HeadBangers LifeStyle B.V..
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and
other intellectual property rights in our website and the material on our
website; and
(b) all the copyright and other intellectual property rights in our website
and the material on our website are reserved. - Permission to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or
excessive;
(d) stream audio and video files from our website using the media player
on our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these
terms and conditions, you must not download any material from our website
or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes;
you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not
edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another
website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and
electronic form to any person.
4.7 We reserve the right to suspend or restrict access to our website, to areas of
our website and/or to functionality upon our website. We may, for example,
suspend access to the website during server maintenance or when we update
the website. You must not circumvent or bypass, or attempt to circumvent or
bypass, any access restriction measures on the website. - Misuse of website
5.1 You must not:
(a) use our website in any way or take any action that causes, or may
cause, damage to the website or impairment of the performance,
availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our
permission;
(e) circumvent any authentication or security systems or processes on or
relating to our website;
(f) use our 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;
(g) impose an unreasonably large load on our website resources (including
bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website
without our permission;
(i) conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and
data harvesting) on or in relation to our website without our express
written consent;
(j) access or otherwise interact with our website using any robot, spider or
other automated means, except for the purpose of search engine
indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity
(including without limitation email marketing, SMS marketing,
telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
5.2 You must not use data collected from our website to contact individuals,
companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our
website, or in relation to our website, is true, accurate, current, complete and
non-misleading. - Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be
accepted by the board members from HBLS B.V..
6.2 You may register for an account with our website by completing and
submitting the account registration form on our website, and clicking on the
verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the
website.
6.4 You must notify us in writing immediately if you become aware of any
unauthorised use of your account.
6.5 You must not use any other person’s account to access the website, unless
you have that person’s express permission to do so. - User login details
7.1 If you register for an account with our website, we will provide you with OR
you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content
rules set out in Section 10; you must not use your account or user ID for or
in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any
disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure
to keep your password confidential, and may be held liable for any losses
arising out of such a failure. - Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion with or without notice to you.
8.2 We will usually cancel an account if it remains unused for a continuous period
of 12 months.
8.3 You may cancel your account on our website using your account control panel
on the website. - Our rights to use your content
9.1 In these terms and conditions, “your content” means all works and materials
(including without limitation text, graphics, images, audio material, video
material, audio-visual material, scripts, software and files) that you submit to
us or our website for storage or publication on, processing by, or transmission
via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence
to use, reproduce, store, adapt, publish, translate and distribute your content
in any existing or future media OR reproduce, store and publish your content
on and in relation to this website and any successor website OR reproduce,
store and, with your specific consent, publish your content on and in relation
to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights
licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum
extent permitted by applicable law; and you warrant and represent that all
other moral rights in your content have been waived to the maximum extent
permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing
functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you
breach any provision of these terms and conditions in any way, or if we
reasonably suspect that you have breached these terms and conditions in any
way, we may delete, unpublish or edit any or all of your content. - Rules about your content
10.1 You warrant and represent that your content will comply with these terms and
conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s
legal rights, and must not be capable of giving rise to legal action against any
person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these
terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right,
design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data
protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the
commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which
may be acted upon and could, if acted upon, cause illness, injury or
death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing,
anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person. - Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our
website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services,
and to stop publishing our website, at any time in our sole discretion without
notice or explanation; and save to the extent expressly provided otherwise in
these terms and conditions, you will not be entitled to any compensation or
other payment upon the discontinuance or alteration of any website services,
or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section
12.1, we exclude all representations and warranties relating to the subject
matter of these terms and conditions, our website and the use of our website. - Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and
elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating
to the subject matter of these terms and conditions, including liabilities
arising in contract, in tort (including negligence) and for breach of
statutory duty, except to the extent expressly provided otherwise in
these terms and conditions.
12.3 To the extent that our website and the information and services on our
website are provided free of charge, we will not be liable for any loss or
damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data,
database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential
loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses
you suffer in connection with the website or these terms and conditions (this
will not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees). - Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you
breach these terms and conditions in any way, or if we reasonably suspect
that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that
they block your access to our website;
(f) commence legal action against you, whether for breach of contract or
otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of
our website, you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
different account). - Variation
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from
the date of publication of the revised terms and conditions on the website,
and you hereby waive any right you may otherwise have to be notified of, or
to consent to, revisions of these terms and conditions. OR We will give you
written notice of any revision of these terms and conditions, and the revised
terms and conditions will apply to the use of our website from the date that
we give you such notice; if you do not agree to the revised terms and
conditions, you must stop using our website.
14.3 If you have given your express agreement to these terms and conditions, we
will ask for your express agreement to any revision of these terms and
conditions; and if you do not give your express agreement to the revised
terms and conditions within such period as we may specify, we will disable or
delete your account on the website, and you must stop using the website. - Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise
deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract
or otherwise deal with any of your rights and/or obligations under these
terms and conditions. - Severability
16.1 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.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions
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. - Third party rights
17.1 A contract under these terms and conditions is for our benefit and your
benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and
conditions is not subject to the consent of any third party. - Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our
privacy and cookies policy, shall constitute the entire agreement between you
and us in relation to your use of our website and shall supersede all previous
agreements between you and us in relation to your use of our website. - Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance
with English, Dutch and International law.
19.2 Any disputes relating to these terms and conditions shall be subject to the
exclusive OR non-exclusive jurisdiction of the courts of The Netherlands. - Statutory and regulatory disclosures
20.1 We are registered in The Netherlands;, and our registration number is RSIN
855086129, KvK 63086778.
20.2 We are subject to Dutch Law.
20.3 We are registered as HBLS Holding B.V. with professional body in the The
Netherlands and are subject to Dutch Law.
20.4 We subscribe to code(s) of conduct, which can be consulted electronically at
http://www.headbangerslifestyle.com.
20.5 Our VAT number is NL8550.86.129.B.01. - Our details
21.1 This website is owned and operated by HBLS B.V..
21.2 We are registered in The Netherlands under registration number 63086778,
and our registered office is at Rotterdam (NL).
21.3 Our principal place of business is at Vikingrade 28, 2912PM, Nieuwerkerk aan
den IJssel, The Netherlands.
21.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.
