Article 1. Introduction
This page (together with the documents, including our Privacy Policy, which are referred to on this page) informs you of the conditions of use on the basis of which you may visit and / or use: any website operated by Online Media Solutions B.V. on which these conditions are published or referred to (the “Site”), and the services, functionalities and / or any (mobile) application possibilities offered through or on such a Site (hereinafter collectively, and including the Site, indicated with: the “Service”).
You need to read these terms and conditions of use carefully before you visit and / or use the Service.
These terms of use apply to your visit and / or use of the Service. These terms of use affect and determine your legal rights and obligations.
The acceptance of these terms of use constitutes a binding agreement between you and Online Media Solutions B.V. (hereafter referred to as: “Online Media Solutions”, “we”, “us” and / or “our”).
Article 2. Information about us
The Service is operated by Online Media Solutions B.V. Online Media Solutions is registered in the Netherlands and located at De Nieuwe Erven 3, 5431 NV Cuijk, the Netherlands. CoC No.: 64928543. VAT No.: NL8559.07.526.B01. questions@flirt.support, +31 73 2032 015.
Article 3. The Service
We want to create with our platforms a nice portal for men and women who want to enjoy a bit of fun and do not take dating too seriously, but see it more as a fun form of entertainment. One of our objectives is to realise online interaction between you and others. Our platforms use self-created entertainment profiles; these profiles are moderated and therefore no physical agreements are possible.
Article 4. Acceptance of the conditions of use
These terms of use form a binding agreement between you and us, and apply to (i) your visit and / or use of the Service, and / or (ii) the contents thereof including (but not limited to) all information, data, images, photos, videos, and / or sounds, messages in any form and of any nature whatsoever that have been sent, communicated, shared, provided, and / or otherwise made known by you, us and / or others through and / or on the Service, to you, us, and / or others (the “Content”).
These terms of use also apply to and determine all rights with regard to the Content that has been sent, communicated, shared, provided, and / or otherwise made known by you and / or on the Service to you and / or others.
You can visit and / or use the Service as a guest, or — after you have registered as a member — by means of your personal password as a member. Your visit and / or use of the Service and / or the functionality of the Service may be limited if you use it as a guest.
By visiting or using the Service, you represent and warrant that: you are at least 18 years of age; you are legally entitled to be bound by these laws and regulations in the country where you live and / or are located; you fully understand these terms of use; you agree to these terms of use; and you agree that you are legally bound by and subject to these terms of use.
If you do not agree with these terms of use and / or do not fully understand and accept them without reservation, you must leave the Service immediately and stop your visit and use of the Service immediately.
If you visit and / or use the Service on behalf of a legal entity, you represent and warrant that you are authorised to accept these terms and conditions of use on behalf of that legal entity and to bind this legal entity to them.
Article 5. Meaning of titles and / or words
The headings in the articles in these terms of use are only included for convenience and will not be deemed to define, limit, expand, or otherwise determine the content of any article in these terms of use.
Article 6. Costs / rates
6.1. No fee is payable to visit and / or use the Service as a guest or registered member. However, please note that if you visit the Service as a guest or registered member, only certain functionalities and / or parts of the Site can be visited and / or used. In order to be able to visit and / or use certain other functionalities of the Service, you must purchase a subscription and / or pay the fees for it as a member.
6.2. Pay per minute or pay per view fees. The visit and / or use of certain functionalities of the Service will be charged on the basis of the duration and / or frequency of your visit and / or use thereof.
6.3. Other fees. The visit and / or use of certain other functionalities of the Service requires that you pay a certain amount for a certain number of credits, tokens, points, and / or to receive, send or view digital items, images, photos and / or messages of any kind. With transactions via one of the payment methods offered by the Service, only credits, tokens or points can be purchased.
6.4. The fees to be paid, as well as the way in which they are paid, are determined on the Service payment page for all different types of functionalities of the Service. In our own discretion and insight we have the right to change, adjust, expand, add to, or strike the fees and / or the Service and / or (certain) functionalities thereof at any time, with or without prior notice. Unless otherwise provided in these terms of use, you are under no circumstances entitled to a refund of any compensation, amount or subscription paid to us.
6.5. Bonuses. You explicitly acknowledge that any bonus or promotion crediting you with credits, tokens, points, digital items, and / or messages of any kind whatsoever may be revoked at any time by us at our sole discretion, without any right accruing to you and without any liability towards you.
6.6. You acknowledge that we may collect the fees owed by you without further permission or authorisation from you via the bank account and / or credit card you have provided and / or, as the case may be, when visiting and / or using the Service via mobile telephone or fixed telephone connection, by charging via your telephone provider. If such a debt collection is not successful, you need to pay the fee yourself and we will notify you via the Service or by email to the email address you provided.
6.7. Payment charges. We may use credit card processors or banks from outside the country where you live to process your transactions. In some cases, your bank or credit card company may charge you for this.
Article 7. Customer satisfaction
If you have questions about these terms of use or the Service, or if you wish to file a complaint against us or another user, please contact us by email. Here you should describe the question or complaint as specifically as possible and state your password so that we can verify your identity and provide you with the best possible service.
Article 8. Account and personal use
8.1. In order to participate in or use certain functionalities of the Service, you are obliged to register as a member, to create a user account (“Account”) and to use your password.
8.2. Your membership and Account is for your personal use only. You may only visit and / or use the Service for yourself and not for commercial purposes.
8.3. You acknowledge that you are fully responsible for, and accept all liability for, (a) all use of your Account by anyone, (b) all activities that take place using your Account or internet access, (c) the Content which you publish, transmit or otherwise distribute via the Service, and (d) your communication and interaction via the Service with others. You may not give others access to, and may not allow use of, your membership, Account, and / or password. You may not use the membership, Account and / or password of another person.
8.4. You prevent minors — through your computer and / or internet connection — from visiting and / or using the Service.
8.5. You are yourself and solely responsible for keeping the screen name and password of your Account secret.
8.6. We are not responsible for the use of your Account by others which is the result of sharing by you, or improper use of the screen name and password of your Account. We have the right to suspend your visit and / or use of the Service or to terminate your Account if we suspect that an unauthorised attempt is being made to visit and / or use the Service.
8.7. You must immediately inform us about: (a) violation of these terms of use by others as soon as you are aware of them, (b) (possible) unauthorised access to your Account, and (c) (possible) unauthorised use of your password.
8.8. You may not use any Content to contact a user or member of the Service in order to offer and / or sell any kind of product or service to them without their prior consent.
Article 9. Use of the Service
You declare and warrant that:
- you voluntarily choose to visit and / or use the Service because you wish — for your own pleasure, entertainment, information, and / or training — to see, read, and / or hear the content, information, images, sounds, and / or messages available in it, in any form;
- you understand and agree with the fact that by visiting and / or using the Service, you may be confronted by us or others with content, information, images, sounds, and / or messages in any form whatsoever that are of a sexual, erotic, offensive, inappropriate, hurtful, objectionable, and / or lewd nature, and / or that may be unsuitable and / or offensive and / or harmful to minors and / or people with a particular belief;
- you have not notified a government body and / or any other institution that you do not wish to receive content, information, images, sounds, and / or messages in any form whatsoever of a sexual, erotic, offensive, inappropriate, hurtful, objectionable, and / or immoral nature.
Article 10. Information that you provide
You declare and warrant that:
10.1. if you register as a member you provide all information that is necessary to complete the registration forms on the Service and to allow the payment of the fees you owe, including your billing address, credit card number, bank account number, and / or telephone number.
10.2. the information you provide is accurate, complete and up to date.
10.3. you immediately update and maintain the accuracy of the information you have provided if it changes.
10.4. you only use credit cards, credit card numbers, bank accounts, and / or telephone numbers in your own name.
10.5. you only publish and / or distribute information and Content that is relevant to the members of the Service (see Article 12 for information and Content that you may not publish and / or send).
10.6. you only place authentic ratings of and responses to profiles of other members and other Content, and only place or send authentic Content in any form and / or other information on or via the Service, with the aim of maintaining social contacts and / or for the purpose of the personal entertainment of others and / or yourself, and based on your personal experience.
10.7. you understand that reactions and / or other Content in any form and / or other information placed on or sent via the Service which are incorrect can be unnecessarily grievous, defamatory, and / or harmful, and may lead to legal action being taken against you.
Article 11. Privacy policy
11.1. We make every effort to protect the personal information that you provide us with via the Service confidentially, as well as your privacy. In this respect, we have drawn up our Privacy Policy as published on the Service. We collect, store and process information about you in accordance with our Privacy Policy. By visiting and / or using the Service you consent to such collection, storage and processing. Our Privacy Policy is an integral part of this agreement.
11.2. We keep your personal information secret with the exception of: (i) where you have placed it for publication or display, or (ii) where we are legally obliged to disclose it or to comply with an order from a regulatory authority or the competent court.
Article 12. Limitation of the use of the Service
You represent and warrant that you do not publish (or link to) Content in any form whatsoever, post on or send or communicate via the Service, or otherwise engage in activities on or through the Service:
12.1. with which you collect or request information from persons under the age of 18, or with which you acquire or request passwords.
12.2. with which you present yourself as, and / or otherwise give a false impression of, affiliation, connection or association with another person or entity.
12.3. which contains information about someone other than yourself that may infringe or violate the rights of others, including but not limited to other people's copyright in any form, and / or patents, trade names and trademark rights.
12.4. which encourages and / or offers possibilities for the development of lewd and / or punishable behaviour and / or otherwise illegal activities.
12.5. which is meant to harass, bully, stalk, threaten, grieve, hurt, intimidate, and / or otherwise cause damage to others.
12.6. which is illegal, unlawful, harassing, offensive, slanderous, inflammatory, abusive, threatening, discriminatory, blasphemous, or contrary to the privacy of others, or which can lead to annoyance, discomfort, uproar, racial hatred or violence against others.
12.7. which is intentionally misleading or fraudulent.
12.8. which contains data that is technically damaging for the Service, us or others.
12.9. which disrupts, damages, interrupts or delays the correct and rapid functioning of websites, services, servers, networks, software, source codes, computers, and communication equipment of us and / or others, including placing an unreasonable burden on the technical infrastructure and sending chain letters, unwanted advertising or unwanted emails.
12.10. whereby you disclose personal or confidential information of others, or collect other people's personal information for commercial or unlawful purposes.
12.11. with which you advertise or recruit members, or otherwise encourage visits to websites and / or the buying or selling of products or services, or that contain affiliate marketing codes and / or link reference codes.
Article 13. Removal of Content
13.1. We have the right at all times to monitor (or have others monitor) all Content posted on the Service or sent via the Service. However, we are not obliged to do this.
13.2. We have the right, in our sole discretion, to remove at any time any Content that in our opinion violates relevant laws or these terms of use, or to remove Content at the request of others.
Article 14. Acceptance of risks
You understand, accept and agree that:
14.1. we cannot and will not investigate whether the visitors and / or users of the Service have been prosecuted and / or convicted of a crime.
14.2. we do not guarantee and are not responsible for ensuring that others comply with these terms of use.
14.3. we are not able to confirm the accuracy, integrity, correctness, quality, or completeness of Content provided to you on or through the Service by others, and we are unable to confirm that others are who they claim to be. It is only the person from whom Content originates (and not us) who is responsible for it.
14.4. all Content is communicated and made available without giving any guarantee of whatever nature or in any form whatsoever.
14.5. under no circumstances whatsoever will we be liable to you in any way for any Content, including (but not limited to) any errors or omissions in any Content, or any loss or damage caused by its use.
14.6. you accept all risks and possible damages of any kind and in whatever form, including personal injury, that (in)directly result from your visit and / or use of the Service, including but not limited to any online or offline communication and / or (personal) interaction with others, including but not limited to making appointments or having sexual contacts, and you will not and cannot hold us liable for this.
Article 15. Interaction, communication and disputes
15.1. You are solely responsible for your interaction and communication with other users and / or members of the Service.
15.2. You understand and accept that we have no obligation to try to check the statements of others, including users and / or members.
15.3. You acknowledge and accept that we give no guarantees and accept no liability with regard to (a) the behaviour of other members and / or users, and / or (b) the correctness and completeness of profiles and / or the Content of the Service. In this respect, you acknowledge and accept that some members, users, profiles, advertisements, and / or Content may target online entertainment only, may deviate from reality, and are not focused on establishing or entering into an offline or physical relationship. We therefore explicitly note that physical contacts are not possible in all cases.
15.4. If you believe that certain profiles, users, members, or Content are offensive, harmful, inaccurate and / or misleading, you can report this to us.
15.5. We reserve the right, but do not have any obligation, to monitor disputes between you and others, or to deny others the visit and / or use of the Service for violating these terms of use.
15.6. It is your own responsibility (and not at all our responsibility) to take all possible, logical, and / or necessary precautions when you communicate on or through the Service and / or have (personal) interaction with others, including but not limited to making appointments or having sexual contacts with others.
15.7. In case you have a dispute with one or more users, members, or others, you will not hold us liable in any way.
15.8. You acknowledge and declare that you hereby indemnify us — us, our subsidiaries and affiliated legal entities, our business partners, and the shareholders, directors, employees, representatives and legal successors of the aforementioned (legal) persons — from any and all liability, claim, (in)direct damage, and losses of any kind or nature (known or unknown, suspected and unsuspected, knowable and unknowable) as a result of or arising from such a dispute or your visit and / or use of the Service.
Article 16. Exclusion of guarantees
16.1. We provide the Service with the expertise and care that can reasonably be expected, and we do not provide (and exclude in full, or to the extent permitted by applicable law) guarantees, statements, reservations or conditions of any kind, be they explicit, implicit, legally prescribed or otherwise, related to the Service (including all Content and information contained herein), including (but not limited to) implied warranties with respect to completeness, correctness, transparency, quality, or suitability for a purpose.
16.2. You acknowledge and accept that we do not guarantee that (a) your visit and / or use of the Service is safe, undisturbed, always available or error-free, or meets your requirements and / or objectives, or (b) errors in the Service or Content are excluded or corrected. We exclude (to the maximum extent permitted by applicable law) all liability for, and do not give any guarantee, representation or condition in any form whatsoever with respect to, (a) the connection and availability of the Service and (b) your visit and / or use of the Service, including the functionalities thereof.
16.3. You acknowledge and accept that we provide no guarantee or warranty as to the accuracy, completeness, origin, nature, number, frequency, usefulness, desirability, quality or usability of information or Content made available or communicated on or via the Service.
16.4. You acknowledge and accept that we give no warranties, express or implied, with respect to (a) your ultimate compatibility with, or the possibility of having physical contact with, others with whom you communicate on or through the Service, (b) the behaviour of such others, and (c) specific results that you may wish to achieve through the visit and / or use of the Service.
16.5. Opinions, statements, offers, other information, and Content made available, sent, or communicated on or through the Service, but not directly by us, are those of the respective members, users, or authors, need not necessarily be trusted, and may be inaccurate, incomplete, worthless, fictitious and / or misleading. The relevant members, users or authors are therefore primarily responsible for such content. We do not accept or support, and accept no responsibility for, the correctness or reliability of an opinion, statement, comment or reaction given by others than us. You acknowledge and agree that you will under no circumstances hold us liable for any loss or damage resulting from (a) your trust in information or Content posted to or communicated through the Service, (b) your visit and / or use of the Service, including the functionalities thereof, and / or (c) the acting (whether or not aimed at increasing the entertainment content of the Service) of the representatives and content providers of customer support.
16.6. Where the Service or the Content contains links to other websites and sources provided by others than us, these links are solely for your information. You acknowledge and accept that we have no influence on the content of such sites or resources and that we are not responsible for them, or for loss and / or damage that you may suffer when you use them.
Article 17. Liability
17.1. You acknowledge and accept that we — insofar as maximally legally permitted — will in no case be liable for (in)direct claims, (consequential) damage or loss (in whatever form or of whatever nature) that arose (in)directly as a result of or in relation to the visit and / or use of the Service by you or someone else, including the functionalities thereof, including (but not limited to) (a) loss of income, turnover, capital, goodwill or earning capacity, (b) loss or damage to data, programs, or equipment, and (c) loss of savings, even if we know or have been informed of the possibility that such a loss could occur.
17.2. You acknowledge and accept that we — insofar as maximally legally permitted — will in no case be liable for claims, losses or damages of any kind, be they (in)direct, generic, specific, compensating, consequential and / or incidental, arising as a result of or in relation to (a) the visit and / or use of the Service by you or someone else, (b) interaction, communication or meetings on or through the Service with others, and / or (c) the behaviour of others who are registered under false pretences or who have scammed you, including (but not limited to) physical injury and emotional damage.
17.3. You acknowledge and accept that — to the maximum extent legally permitted — our overall liability to you in relation to these terms of use and / or the visit and / or use of the Service is limited to: (a) the fees and subscriptions paid by you to us for the visit and / or use of the Service, including the functionalities thereof, for a period of 3 months prior to the day on which you formally hold us accountable; or (b) EUR 100 if you have not paid us for the visit and / or use of the Service.
17.4. You acknowledge and accept that any claim or legal act in whatever form that you wish to establish vis-à-vis us as a result of or in connection with these terms of use and / or the visit and / or use of the Service by you or someone else must have been made known by written notification to us within 12 months after the occurrence of the cause of the relevant claim or legal act. If you do not, then you acknowledge and accept that — insofar as legally permitted — no claim or legal action can or will be brought against us, on penalty of an immediately due and payable penalty equal to the amount claimed by you.
17.5. You acknowledge and accept that you fully indemnify us against all claims, damages, liabilities and costs in any form whatsoever if you believe that the Content provided to you on or through the Service was offensive, harmful, obscene, inaccurate, and / or misleading.
Article 18. Compensation
18.1. You acknowledge and accept that you indemnify us, our subsidiaries, affiliated legal entities, business partners, and / or our and their shareholders, directors, officers, employees, and other third parties from any loss, liability, claim, or expense (including reasonable legal costs) related to or arising from your visit and / or use of the Service.
18.2. You acknowledge and accept that we have the right to take, at our own account, the exclusive defence of and control over matters that are otherwise subject to compensation by you. If we choose to exercise this right, you agree to fully cooperate with us in any manner desired by us.
Article 19. Force majeure
Neither you nor we will be held responsible by the other for any delay or failure in the fulfilment of an obligation under this agreement in so far as it is the result of an act of God, a natural disaster, terrorism, strike, embargoes, fires, war, or other causes beyond your or our reasonable sphere of influence.
Article 20. Property rights
20.1. You acknowledge and accept that the copyright and other intellectual property rights to the Service, as well as to all Content provided, sent, communicated or shared via the Service, including (but not limited to) the text, data, software, manuscripts, images, photos, music, sounds, videos, interactive applications, blogs, messages, trade names and logos, belong to us. No rights will be assigned to you in relation to the Service and all Content, with the exception of the rights expressly granted to you in these terms of use. All Content is only made available to you for your information, your personal non-commercial use, and / or your entertainment.
20.2. You represent and accept that you will not engage in the use, copying, sharing, sending, storing, or communicating of any Content other than as expressly permitted by these terms of use.
20.3. The Service may, on the basis of a licence, use Content, trademarks, or software owned by third parties. A breach of such trademarks or software will be reported immediately by us to the relevant licensor.
20.4. If you believe that your copyright, intellectual property rights, or any other right have been violated, copied, communicated, posted or otherwise made available on or through the Service in a way that is not permitted, you must immediately inform us of this by written notification, with as accurate a description as possible of the alleged infringement and the material to be removed, as well as your contact details.
Article 21. Licence for your posted content
21.1. We do not claim any right of ownership with regard to any Content that you have placed on or sent via the Service.
21.2. By providing, sending, communicating, sharing, or placing information, content or Content on or via the Service, you hereby automatically grant to us — as well as acknowledge, declare, accept, represent and guarantee that you have the right to grant to us — an irrevocable, continuous, non-exclusive, fully paid and royalty-free, worldwide, unlimited licence to use, adapt, copy, process, translate, publicly publish, display, distribute it to others, including without limitation to distribute part or all of it through the Service and in any media format through any medium, and to grant sublicences for the same and to give permission for it. You also waive any moral rights that you may have with regard to such information or Content.
21.3. Content that is not shared publicly on or through the Service will not be distributed outside the Service.
21.4. Some parts of the Service are supported by advertising revenue and may show advertisements and promotions on the Service. Such advertisements and promotions are only displayed on the Service itself.
Article 22. Duration and termination
22.1. These terms of use are effective from the moment you visit and / or use the Service, as well as from the moment you register as a member of the Service, and are fully effective and applicable unless terminated in accordance with the following.
22.2. You have the right to terminate your registration as a member and / or your user Account at any time for any reason by means of the procedure indicated on the Service, or by sending a notification to us. In case of your death or your disability, every blood relative and / or relative of yours has this right.
22.3. In addition, you have the right to cancel the agreement between you and us, which was entered into at the time you first accepted our terms of use, within 14 days and to receive a full refund of any fees paid, by means of the procedure indicated on the Service or by sending a notification to us. However, if after registering as a member you in any way via the Service send messages to other profiles, look at other profiles, make changes to your own profile, or carry out actions that you cannot use the Service for as a guest, you will only receive a refund for the credits not spent at the moment of the refund request.
22.4. With a notification to us as referred to in Articles 22.2 and 22.3 you must provide us with your name, email address, and password so that we can verify your identity. Such notification is effective once it has been received by us. If you do not have the email address and / or password, you must enclose a copy of your identity card.
22.5. We have the right to suspend or terminate your visit and / or use of the Service and / or your membership with immediate effect and without notice, for any reason or for no reason whatsoever. In such a case there is no liability of ours to you and you agree that you will not hold us liable on any ground whatsoever.
22.6. All decisions regarding the suspension or termination of your visit and / or use of the Service and / or your membership will be taken by us at our own discretion. We are not obliged to inform you of the reason(s) for such a decision.
22.7. We have the right, after the suspension or termination of your visit and / or use of the Service, to send a notification with explanation to other members with whom you have had contact via the Service.
22.8. If your visit and / or use of the Service has been suspended or terminated by us due to a request from you or for breach of these terms of use, you agree that all fees and / or advances paid by you to us are cancelled and non-refundable, and that all outstanding or pending payments are immediately due.
22.9. In the event that the agreement between you and us is terminated, the (partial) provisions that logically also apply after termination will remain in full force and application. Rights acquired by us prior to the termination of the agreement remain in full force even after termination of the agreement.
Article 23. Territorial restrictions
You declare and warrant that:
23.1. you do not visit and / or use the Service from a jurisdiction (a) where such visit and / or use is prohibited or in violation of applicable laws, rules, regulations, ordinances, customs and / or social standards, or (b) where we have not yet fulfilled the obligation to register in that jurisdiction.
23.2. you only visit and / or use the Service from or through a Member State of the European Union, Norway or Switzerland.
23.3. software and / or computer programs made available by or in connection with the Service may be subject to export regulations of the European Union or the United States of America. Therefore, this software and / or these computer programs may not be downloaded, exported, or otherwise transferred: (a) to (or to a resident or national of) a country on which the European Union and / or the United States of America has placed an embargo; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders.
23.4. We have — at any time and at our own discretion — the right to restrict and / or stop the availability and / or use of the Service (in whole and / or in part) with respect to every (legal) person, any geographical area, and / or any jurisdiction.
Article 24. Changes
24.1. These terms and conditions of use may be amended at any time by us at our discretion and without notice to you and / or without your approval, in any manner that we deem desirable, appropriate and / or necessary. We are free to amend, replace, and / or supplement certain provisions in these terms of use with terms and / or notices that we publish elsewhere on the Service.
24.2. Unless we make an adjustment or change to these conditions of use for legal or administrative reasons, we can decide to inform you 7 working days in advance of the date on which the amended conditions of use come into effect. However, we are not obliged to do this. You agree that we may give this notice by making it known on or through the Service.
24.3. Your visit and / or use of the Service after the date of entry into force of the amended conditions of use means that you fully and unconditionally agree to the amended conditions of use and accept them. The amended terms and conditions of use will take effect from the moment we have made them known, or at a moment that we have determined, and will apply to your visit and / or use of the Service from that moment onwards.
Article 25. Full agreement
25.1. The most recent version of these terms of use and the pages on the Site to which these terms of use refer constitute and determine the entire agreement and any legal relationship between you and us, with exclusion, cancellation, and replacement of any other — electronic, written, oral, implied, and / or previous — terms of use, agreements, and legal relationships between you and us, even if these have not explicitly been withdrawn or amended, have not explicitly been made known to you, and / or would follow directly from the law.
25.2. The most recent version of these terms of use constitutes the whole of the rights and obligations that apply between you and us. You therefore irrevocably waive and will not invoke any right of yours against us that is not directly granted to you in the most recent version of these terms of use or that is not explicitly mentioned therein. You therefore irrevocably waive and will not invoke any obligation on our part that is not explicitly stated in the most recent version of these terms of use.
Article 26. Partial invalidity
26.1. If, at any time, any (partial) provision of these terms of use — under the law applicable to the agreement between you and us — is or becomes in any way invalid, unenforceable, non-binding or in violation of the law: (i) this will not influence and / or modify the legitimacy, validity or enforceability of that (partial) provision under the application of other legislation, (ii) this will not affect and / or modify the legitimacy, validity or enforceability of all other (partial) provisions of these terms and conditions of use, and (iii) all other (partial) provisions of these terms of use remain applicable to you.
26.2. In the case referred to in Article 26.1 we have the right, at our own discretion and without notice to you and / or without your approval, to replace the relevant (partial) provision that is or becomes invalid, unenforceable, non-binding, or in violation of the law by a (partial) provision that is valid, enforceable, binding and not in violation of the law, and which, in view of the content and purpose of this user agreement, has as much as possible the same effect as the (partial) provision that is replaced.
26.3. If we do not (or cannot) exercise our authority as referred to in Article 26.2, a (partial) provision as referred to in Article 26.1 will be excluded from the agreement between you and us, and the remaining part of the agreement between you and us will remain in full force and will be interpreted as far as possible as if the relevant (partial) provision had not been excluded.
Article 27. Applicable law and jurisdiction
27.1. Your visit and / or use of the Service is subject to these terms of use and the documents referred to herein. This means that these conditions of use and the documents referred to herein apply between you and us.
27.2. These terms of use and the documents referred to herein are subject to, governed by, and interpreted in accordance with the law of the Netherlands. You agree that the authority to decide on any dispute relating to the agreement between you and us shall exclusively vest in the competent court in the Netherlands, unless Article 27.4 applies or we use our authority as referred to in Article 27.5.
27.3. These terms of use and the documents referenced herein are explicitly not subject to, explicitly not governed by and explicitly not interpreted in accordance with the United Nations Convention on Contracts for the International Sale of Goods.
27.4. If by law or regulation of the European Union and / or the country in which you live it is mandatory that these conditions of use and the documents referred to herein are governed and interpreted in accordance with the law of the country where you live, that shall happen. In that case, the authority to decide on any dispute with regard to the agreement between you and us will vest only in the competent court in the country in which you live.
27.5. Notwithstanding the foregoing in this article, you declare your agreement and you agree that we have the right to decide unilaterally at any time that Article 27.2 is not applicable, and that these terms of use and the documents referred to herein are governed and interpreted in accordance with the law of the country where you live. In that case, the authority to decide on any dispute with regard to the agreement between you and us will vest only in the competent court in the country in which you live.
27.6. These terms and conditions are in the Dutch language only, which language shall be controlling in all respects, and all versions hereof in any other language shall be for accommodation only and shall not be binding upon the parties.
Article 28. Prohibition on class action
You or any other person is not authorised and will not (a) merge your claim against us with that of another party, or (b) jointly institute legal proceedings against us, a director, employee, other official, or shareholder of us or of our business partners. You acknowledge and accept that you give up these and similar rights, and that you or any other person may institute legal proceedings against us only alone and independently.
Article 29. Transfer and / or assignment
29.1. You may not and will not sell, transfer, assign, and / or delegate any right of yours towards us and / or any obligation of yours towards us — neither voluntarily nor by operation of law — in whole or in part to any other party, unless you have received prior written approval from us.
29.2. Any form of transfer, assignment or delegation (whether or not in the form of contract takeover) by you without our prior written consent will be void.
29.3. We may at any time sell, transfer, assign and / or delegate (in whole or in part) these terms of use, any right of ours towards you, any obligation of yours towards us, and / or any obligation of ours towards you to another person, without prior notice, without your permission and without any restriction.
29.4. In case we have used our authority as referred to in Article 29.3, these terms of use will continue to apply to you and our successor(s), and you agree to and accept (i) that you continue to be bound by and subject to these terms of use towards our legal successor(s), and (ii) that any (legal) claim and / or (legal) action pursuant to or in connection with these terms of use and / or your visit and / or use of the Service (before or after the transfer and / or assignment) will not be brought against us but only against our legal successor(s).
Article 30. Access to conditions of use
These conditions of use will be sent free of charge on request to the email address you provided.
Article 31. Electronic communication
31.1. By using the Service, you agree to receive electronic communications (including emails and / or text messages) from us and our business partners. This will include messages about your account and information regarding or relating to the Service. This electronic communication is an integral part of your relationship with us and you receive it as part of your membership.
31.2. You acknowledge and accept that any notice, agreement, or other communication that we send to you electronically will comply with any legal communication requirements, including (but not limited to) any requirement that such communication must be in writing.