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MichielTon.com - Professioneel Fotograaf in o.a. Utrecht & Amsterdam - All rights reserved © 2017

Terms And Conditions

1. Introduction

 

1.1 These terms and conditions shall govern the way you use of MichielTon.com.

 

1.2 By using MichielTon.com, you accept these terms and conditions in full, if you disagree with these terms and conditions or any part in these terms and conditions, you must not use MichielTon.com.

2. Copyright notice

 

2.1 Copyright (c) 2017 MichielTon.com

 

2.2 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 and on MichielTon.com and,

 

(b) All the copyright and intellectual property in MichielTon.com and the material on MichielTon.com are reserved.

3. Licence to use website

 

3.1 You may:

 

(a) - Use MichielTon.com services by means of a web browser,

(b) - View pages from MichielTon.com in a web browser

(c) - Print pages from MichielTon.com

(d) - Download pages from MichielTon.com for caching in a web browser

Subject to the other provisions of these terms and conditions.

 

3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from MichielTon.com without written approval or save any such material to your device.

 

3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on MichielTon.com.

 

3.4 Unless you own or control the relevant rights in the material, you must not:

 

(a) Republish material from MichielTon.com (including republication on another website);

 

(b) Sell, rent or sub-license material from MichielTon.com;

 

(c) Show any material from MichielTon.com in public. (This is only possible with a written permission by MichielTon.com)

 

(d) Exploit material from MichielTon.com for a commercial purpose; or redistribute material from MichielTon.com.

 

3.5 Michiel Ton reserve the right to restrict access to areas on MichielTon.com, or the whole website, at our discretion; you must not try to bypass, or attempt to circumvent or bypass, any access restriction measures on MichielTon.com.

4. Variation

 

4.1 MichielTon may revise these terms and conditions from time to time.

 

4.2 The revised terms and conditions shall apply to the use of MichielTon.com 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. If you do not agree to the revised terms and conditions, you must stop using MichielTon.com.

 

4.3 If you have given your express agreement to these terms and conditions, MichielTon 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 MichielTon may specify, you must stop using the website.

5. Limited warranties

 

5.1 MichielTon does not warrant or represent:

 

(a) The completeness or accuracy of the information published on MichielTon.com.

 

(b) That the material on the website is up to date. Or that the website or any service on the website will remain available.

 

5.2 MichielTon reserve the right to discontinue and or alter any or all of MichielTon.com services, and to stop publishing the website MichielTon.com, at any time in our sole discretion without notice or explanation. 

 

5.3 MichielTon reserve the right to save the extent expressly provided 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 MichielTon stop publishing the website.

 

5.4 To the maximum extent permitted by applicable law and subject to Section 6.1, MichielTon exclude all representations and warranties relating to the subject matter of these terms and conditions, MichielTon.com and the use of MichielTon.com.

6. Limitations and exclusions of liability

 

6.1 Nothing in these terms and conditions will:

 

(a) - Limit or exclude any liability for fraud or fraudulent misrepresentation.

 

(b)  - Limit or exclude any liability for personal injury or death resulting from negligence.

 

(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.

 

6.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

 

(a) Are subject to Section 6.1, 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.

 

6.3 To the extent that MichielTon.com and the information and services on MichielTon.com are provided free of charge, MichielTon.com will not be liable for any loss or damage of any nature.

 

6.4 MichielTon will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

6.5 MichielTon will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, revenue, use, income, production, anticipated savings, business, contracts, goodwill or commercial opportunities. 

 

6.6 MichielTon will not be liable to you in respect of any special, indirect or consequential loss or damage. 

 

6.7 MichielTon will not be liable to you in respect of any loss or corruption of any data, or software or database

 

6.8 You accept that MichielTon have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that MichielTon 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).

7. Breaches of these terms and conditions

 

7.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if MichielTon reasonably suspects that you have breached these terms and conditions in any way, MichielTon may:

 

(a) Send you one or more formal warnings.

 

(b) Temporarily suspend your access to MichielTon.com.

 

(c) Permanently prohibit you from accessing MichielTon.com.

 

(d) Contact any or all your internet service providers and request that they block your access to MichielTon.com.

 

(e) Block computers using your IP address from accessing MichielTon.com.

 

(f) Commence legal action against you, whether for breach of contract or otherwise; and/or

7.2 Where MichielTon suspend or blocks or prohibit your access to MichielTon.com or a part of MichielTon.com, you must not take any action to circumvent such suspension or prohibition or blocking 

8. Assignment

 

8.1 You hereby agree that MichielTon may assign, sub-contract, or transfer or otherwise deal with our rights and/or obligations under these terms and conditions.

 

8.2 You may not without our prior written consent assign, sub-contract, or transfer otherwise deal with any of your rights and/or obligations under these terms and conditions.

9. Acceptable use

 

9.1 You must not:

 

(a) Use MichielTon.com in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, accessibility or availability of the website. 

 

(b) Use MichielTon.com in any way that is illegal, unlawful, or fraudulent, or in connection with any unlawful, illegal or harmful purpose or activity. 

 

(c) Conduct any systematic or automated data collection activities (including without limitation, data mining, scraping, data extraction and data harvesting) on or in relation to MichielTon.com

 

(d) Use MichielTon.com to copy, host, store, use, send, transmit, publish or distribute any material which consists of (or is linked to) any spyware, Trojan horse, computer virus, rootkit, keystroke logger, worm or other malicious computer software.

 

(e) Access or otherwise interact with MichielTon.com using any automated means, such as robot, spider, or chatbots. 

 

(f) Violate the directives set out in the robots.txt file for MichielTon.com; or use data collected from MichielTon.com for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

9.2 You must not use data collected from MichielTon.com to contact individuals, companies or other persons or entities.

 

9.3 You must ensure that all the information you supply to us through MichielTon.com, or in relation to MichielTon.com, is true, accurate, current, complete and non-misleading.

10. Severability

 

10.1 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.

 

10.2 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.

11. Third party rights

 

11.1 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

 

11.2 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

12. Entire agreement

 

12.1 Subject to Section 6.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of MichielTon.com and shall supersede all previous agreements between you and us in relation to your use of MichielTon.com.

13. Law and jurisdiction

 

13.1 These terms and conditions shall be governed by and construed in accordance with the Netherlands law.

 

13.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

14. Statutory and regulatory disclosures

 

14.5 MichielTon.com's VAT number is NL212576896b01.

15. Our details

 

15.1 This website is owned and operated by Michiel Ton.

 

15.2 MichielTon.com is registered in The Netherlands  at the Kamer van Koophandel under registration number 58221034.

 

15.3 Our principal place of business is at Kaatstraat 51, in Utrecht.

 

15.4 You can contact us by using MichielTon.com contact form, by email to Photos@MichielTon.com.