These terms and conditions set out the terms and conditions between you, the customer, and Grindberg V.O.F. (40Emperor) (“us”, “we”), governing the use of our website and our downloadable digital products including the content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
Your interaction with our site and services is indictive of your consent to the terms set forth in our terms of service.
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Dutch law and both us and you irrevocably submit to the exclusive jurisdiction of the courts of Amsterdam, Holland, Europe over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
Grindberg V.O.F. does not recognize the authority of foreign courts.
3.0 License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product for your own use, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
If you infringe on our use license we will litigate.
If you sell or distribute our products without a commercial license we will litigate.
4.0 Intellectual Property
The products, The site and its content, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property and protected by the copyright and property rights of the Netherlands. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
5.0 Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
6.0 Warranties and Liability
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
7.0 Discontinuation or Suspension of Our Site or Termination of Your Use
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason and to take any other actions that Grindberg V.O.F. (project 40Emperor) , in its sole discretion, believes to be in the interest of our company and of our users as a whole.
8.0 The Use of Our Site is Subject to Certain Disclaimers
Our site is available “as is.” we do not warrant that our site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through our site. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to our site or any information or goods that are available or advertised or sold through our site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this site or available through links on our site. we reserve the right to correct any errors or omissions on our site. Although our webshop provider SHOPIFY intends to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our site, we do not guarantee or warrant that our site or materials that may be downloaded from our site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. if you rely on our site and any materials available through our site, you do so solely at your own risk.
Our site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data or other information created by us or by third-parties. Due to the number of sources from which content on our site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on our site or through links is not adopted or endorsed by us and remains the responsibility of such third parties
9.0 Responsibility for Linked Sites
We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
10.0 Disclosure of Certain Information
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
11.0 TOS Alterations
Grindberg V.O.F. reserves the right to alter it’s legal and privacy statement at any time, but will make every effort to notify visitors if this happens.
Please do not hesitate to contact us regarding any matter relating to this Downloadable Digital Products Terms and Conditions of Sale Policy via service[@]40emperor.com
The 40Emperor Project
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