TERMS AND CONDITIONS
ARTICLE 1 – COMPANY DATA
We (hereinafter referred to as -we-, -us- and -our-) are:
Company name: T-DIGITAL ARTS BV
Enterprise number (Belgian Crossroads Bank for Enterprises): 0554.900.673
VAT number: BE0554900673
Correspondence address: Jordaenskaai 23, 2000 Antwerp, Belgium
E-mail address: firstname.lastname@example.org
We are trading under the name -Dino Warriors- and via the website -aliensamuraidinowarriors.com- (hereinafter the -Website-).
ARTICLE 2 – APPLICABILITY OF THE TERMS AND CONDITIONS
2.1. Any notion starting with a capital is defined in this clause or by explicit reference in these Terms. The following notions are defined as stipulated below:
- Intellectual Property Rights: all brands, logos, trademarks, internet domain names, models and designs, patents, copyrights (including all rights relating to software) and moral rights, rights relating to databases, semiconductor topographies, knowhow, and other rights, as well as all other industrial and intellectual rights, in any case independent from whether or not they have been registered and with the inclusion of registration applications as well as all equivalent rights or means of protection leading to a similar result anywhere in the world.
- Services: making the Website available for your use as well as all associated services offered by us through the Website as described below.
- User (“you”, “your”): the natural person who makes use of the Services and who is legally competent in User’s own jurisdiction to enter into binding agreements.
2.2. By using the Website, you acknowledge that you have read these Terms carefully and that you agree with them without reservation. You can consult these terms and conditions at any time via the Website. Upon acceptance these Terms shall constitute the one and only agreement (“Agreement”) between User and us. The Agreement will not be archived by us.
2.3. These Terms supersede any other related requests, verbal or in writing, to submit an offer, proposal, proposition, guarantee, warrant, agreement, communication or commitment. You acknowledge that you have not accepted these Terms based on a communication, presentation, commitment, warrant or guarantee to which we have not agreed in writing.
2.4. You agree that your terms and conditions should you have any, nor those of any third party with whom you are affiliated, will not apply in any way in relation to the provision of the Services.
2.5. We reserve the right to modify or rectify these terms and conditions at any time without your prior consent. If this is the case, we will inform you as a consumer of these changes in a timely manner (i.e. not later than two months before the date of the intended entry into force of the modified terms and conditions) via e-mail, and/or the Website. The consumer may object to the modified terms and conditions before the date of the intended entry into force. If the consumer does not accept the modified terms and conditions, the consumer must terminate this Agreement free of charge by immediately stop using our Services and Website before the modified Terms will apply. However, if the consumer does not object to the modified terms and conditions and continues to use the Services and Website, the consumer is deemed to have accepted the modified terms and conditions without reservation.
2.6. The language of the Agreement and of all communication and interaction between you and us in relation to the Services shall be English.
ARTICLE 3 – THE SERVICES
3.1. The Website provides general information on Dino Warriors and related products and Services.
3.2. We strive to offer you correct information on our company and on our products and Services through the Website. Given that the Website is constantly improved and updated, some of the content may not always be fully correct or up-to-date and may be subject to changes. We therefore deny any responsibility for the reliability of the content on this Website. In terms of accuracy and completeness of the information provided, we are only bound by a best effort obligation.
3.3. The Website may contain links to third-party websites. We have no control over the content of those websites and thus cannot be held liable therefor.
3.4. The information and content offered on the Website serves a general purpose. It therefore cannot be construed as offering you information tailored to your specific needs.
3.5. When having doubt or questions regarding the content of this Website, you can contact us at email@example.com.
3.6. We reserve the right to block access to the whole or parts of the Website or to limit the use thereof without prior notice. This may, for instance, be needed for maintenance purposes or when updating the Website’s content.
ARTICLE 4 – OBLIGATIONS OF THE USER
4.1. You can freely use the Website and its contents in accordance with these Terms and are responsible for your use thereof.
4.2. You can link this Website only in accordance with these Terms and without causing damages to Dino Warriors. This means that such linking may not damage our business, may not cause you to gain unfair benefit from our reputation and may not deceitfully imply or suggest our connection to, approval of or endorsement of the linked websites, pages, or contents thereof.
4.3. You may not undermine the integrity of the underlying systems of the Website, including but not limited to using worms or other forms of code, or by limiting access to the whole or parts of the Website.
4.4. Violation of these terms and conditions by User can result in the immediate termination of the Agreement, without prior notice, and without prior recourse to a judge.
ARTICLE 5 – WARRANTY AND LIABILITY
5.1. The Services and Website are provided to you “as is”. You accept and acknowledge the flawless operation and permanent availability of the Services and Website cannot be assured. We cannot guarantee that the contents of the Website are free of viruses and/or other code with harmful propensities. It remains your sole responsibility to use adequate virus protection and safety controls.
5.2. We are not responsible for input errors that the User did not correct before confirming the order of promotional material.
5.3. We reserve the right to change the functionalities and availability of the Services and Website at all times and at our own discretion.
5.4. We do our best to develop the Website and provide you the Services to the standards that may be expected from a professional service provider in the sector. You understand and accept, however, that the Website should only be construed as an informational tool and does not constitute professional advice of any kind from which any rights or warranties can be derived.
5.5. We are not responsible and cannot be held liable for any shortcoming, not even when resulting from a gross negligence or fraud in the services of third parties on which the Services rely but which are beyond our control (e.g. services provided by third party applications, telecom providers or payment service providers).
5.6. We shall not be liable for any indirect damage, which shall at least be understood as consequential damages, financial or commercial damages, loss of profit or income, lost opportunities, lost savings, damage due to business discontinuity, reputational damage and damage from legal proceedings initiated by third parties against you.
5.7. We can only be held liable for proven damages caused by our or our subcontractors’ grave error or fraud.
5.8. Unless stated otherwise in these Terms and Conditions and mandatory law, our total aggregate liability shall be limited to EUR 50.
ARTICLE 6 – TERM AND TERMINATION
6.1. The Agreement will commence from the moment the User accepts these Terms.
6.2. User may terminate this Agreement with immediate effect at any time without notice, compensation or prior recourse to a judge.
6.3. We may at any time terminate this Agreement or any of the Services relating to the Website without compensation with two months prior notice to the User.
6.4. The intent to terminate the Agreement shall be communicated via e-mail.
6.5. Without prejudice to its other rights available by law or under the Agreement, we may at our own discretion either terminate this Agreement with immediate effect or suspend the execution of this Agreement, deny or restrict access to the Website at any time if the User materially breaches this Agreement.
6.6. We may also suspend the execution of this Agreement, deny or restrict access to the Website at any time:
• if we become aware of facts that jeopardise the relationship of trust between the User and us or that harm or threaten to harm our reputation;
• in case of a reasonable suspicion of fraud or of a risk of improper or fraudulent use of the Website;
• in the event of technical issues; or
• for any other objective security reason.
6.7. Upon termination of the Agreement all personal information you shared shall be anonymized and/or aggregated and the remainder deleted and destroyed by us, unless a legal or regulatory obligation or a judicial or administrative order prevents us from doing so. This deletion and destruction shall therefore not include any aggregated or anonymous information that we use to provide, improve or strengthen our business and Services.
6.8. Upon termination of the Agreement you will cease using any and all of our intellectual property.
ARTICLE 7 – INTELLECTUAL PROPERTY
7.1. We remain at all times holder of all Intellectual Property Rights related to the content – including all appurtenances – of the Website.
7.2. We grant you a non-exclusive, non-transferable and non-sublicensable right to use the Website for the duration of the Agreement. Such right of use will be consistent with the normal use of our intellectual property as interpreted in light of these Terms and any documentation provided by us. We do not transfer in any way as part of this Agreement any ownership to our Intellectual Property Rights.
7.3. Considering the provisions of the preceding clause, you shall not copy, analysis, decompile, make public, distribute, transfer to third parties, or change any content encumbered with Intellectual Property Rights unless expressly permitted by us.
7.4. Each use by you of any material protected by Intellectual Property Rights or other rights of third parties, happens on your full and sole responsibility and you will indemnify and hold us harmless against any possible legal action of third parties with regard to violation of their rights. You acknowledge and accept that we exercise no power of control nor any advisory powers with regard to any rights, including Intellectual Property Rights, held by third parties.
ARTICLE 10 – PERSONAL DATA
ARTICLE 11 – COOKIES
ARTICLE 12 – INFRINGEMENT OF VALIDITY – NON-WAIVER
If any provision of the Terms and Conditions is found to be invalid, illegal or void, this will not affect in any way the validity, legality and enforceability of the other provisions. Our failure to enforce any of the rights listed in the Terms and Conditions or to exercise any of these rights at any time, will never be regarded as a waiver of these provisions and will never affect the validity of these rights.
ARTICLE 13 – CUSTOMER SERVICE, COMPLAINTS PROCEDURE AND DISPUTES
9.1. The provisions of these Terms do not impede nor restrict any rights a consumer might enjoy under applicable law. This Agreement by no means entails a curtailment of any rights of us under statutory law.
9.2. We are be entitled to rely at our own discretion on subcontractors for the fulfilment of our obligations under this Agreement. The Agreement with respect to us cannot be construed as being of a strictly personal nature. All rights and obligations with respect to us in the frame of this Agreement can be transferred in whole or in part to a third party without the consent of the consumer.
9.3. You are not allowed to transfer your rights and obligations under this Agreement to anyone else, unless we agree in writing to such transfer.
9.4. In case of a question or a complaint, please let us know as soon as possible:
via e-mail: firstname.lastname@example.org,
via a letter addressed to: Jordaenskaai 23, 2000 Antwerp, Belgium
9.5. All agreements that we conclude with a consumer, regardless of their place of residence, are governed exclusively by Belgian law, and in case of a dispute, only the competent Belgian courts are competent. If, for reasons of international law, another law applies, Book VI of the Belgian Economic Law Code will be referenced when interpreting the current Terms and Conditions.
9.6. The Consumer Mediation Service of the FOD Economie is qualified to process any request to settle extrajudicial consumer disputes. They will, in turn, process the request themselves or send it to a qualified entity. The consumer can reach the Consumer Mediation Service via this link: https://www.consumentenombudsdienst.be/en.
9.7. If there is a cross-border dispute, the consumer can rely on the Online Dispute Resolution platform of the European Union via this link: https://ec.europa.eu/odr.