1.1 This website is owned and operated by NHfun Online Entertainment (“hollandswing.com”). Sole proprietorship registered at Past.Gielenstraat 26a, 1614LM, Lutjebroek the Netherlands, email: [email protected], phone: +31228855001 (09:00-16:00 CEST), chamber of commerce: NL37118084, VAT No: NL187830976B01.
1.2 Please read these TC carefully. These TC cancel and replace any terms and conditions previously agreed to, even if the later have not been expressly withdrawn or amended. By registering as a Member or using the Services (whether or not you register as a Member), you agree to be bound by these TC. If you do not accept them in full, you must not register as a Member nor use the Services.
1.3 If you are a consumer your statutory rights are not affected by this agreement.
2.1 Member a validly registered user of the Services, whether paid or unpaid.
2.2 Member Content recorded, performed and published by Members on the website including videos, photographs, user profiles, webcam live content, sound and text.
2.3 Content published, broadcast, transmitted and streamed by us on the Site including videos, photographs, sound and text.
2.4 Paid Services all Services which the Site makes available to Members with valid Funds available.
2.5 Site our website or such other website as we may use to provide the Services from time to time.
2.6 Services the services made available by the Site, including video content and photos and which is accessible from multiple platforms (including the Site, SMS, MMS, WAP) whether with or without payment, services such as the ability for Members to create user profiles, send messages to other Members and chat via webcam.
2.7 Products, items that are not digital or virtual offered for sale on the Site.
2.8 TC these terms and conditions.
2.9 User means any person who uses the Services.
3. Registration and use of Services
3.1 You are not eligible and must not use the Site nor apply to become a Member if you are under 18 years of age (or older depending on the laws you currently access this site from). Any breach of this clause is a serious breach of this agreement. Members are also governed by the laws of their country and must not use the Site if considered illegal by such laws.
3.2 When ordering a product, a username and password are automatically created. This will be sent to the email address provided by the new user. You may want to upload a profile photo and update your contact information online at any time.
3.3 We reserve the right to remove existing members if there is a suspicion of abuse or fraud or unauthorized use.
3.4 You will ensure that any contact information (eg: Email, Postal Address, Skype, Kik, Snapchat) you provide us is accurate and not misleading and will update you.
3.5 The equipment (including computer, software, telecommunications systems) used to gain access to Services shall be the responsibility of the User as shall the telecommunications or other costs incurred by their use.
3.7 We shall use such access control systems deemed necessary in our discretion or as required by law.
3.7 Removal of an account can only be done by email with the e-mail address registered with us. If you no longer have controle over that email address, you can submit a written request by regular mail.
3.8 All rights to disposed of services or products will expire upon removal of an account or request.
4. Safety and Security
4.1 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password, using the Services.
4.2 The Site is checked 24 hours a day, all files including .zip are scanned on viruses and malware. We always recommend that you always scan downloaded files with your personal antivirus software. We are not responsible for any damage in any form of files offered outside of our website.
5. Member Obligations
5.1 You agree that you will not:
5.1.1 Show the Site and any content on the Site to a person under 18;
5.1.2 in connection with the Services breach any applicable law, regulation or code of conduct;
5.1.3 publish any Member Content that may seriously impair the physical, mental or moral development of minors, is obscene, racist, includes a non-consenting individual and/or a child or person under 18, is unlawful, involves animals, is defamatory, violent, harmful, threatening, harassing, stalking, an infringement of any third party rights such as intellectual property rights or rights of privacy and/or confidentiality or is otherwise extreme pornography;
5.1.4 disclose or make accessible to any third party any username(s), password(s), activation code(s), Member Content or Content or similar information allocated to Members or Users or use them for any purpose other than authentication for the Services;
5.1.5 reveal your personal information, contact details, phone number or email except as permitted via the Site by using the Services;
5.1.6 publish any Member Content referring to other persons without having obtained their prior consent;
5.1.7 publish or send any Member Content or Content which links to any third party websites including without limitation those which are illegal or contain inappropriate content or are run by a third party for commercial purposes;
5.1.8 use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);
5.1.9 use the Services for junk mail, spam and pyramid or similar or fraudulent schemes;
5.1.10 send abusive, harrasing or threatening email/messages to other users of the Site, including the Site’s staff and Customer Support.
5.2 You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.
5.3 You agree to notify us immediately of any inappropriate conduct of membership or violation by another member or not member of the Site.
6. Intellectual property rights
6.1 The trademarks (including hollandswing.com ™, hollandswing.com ™), logos, images, images, photos, animations, videos, text, and software used in the Services are the intellectual property of our or our partners and your right of use is strictly limited to access, Download, print and reproduce on all media for your own private, private and non-commercial use of the Services within the scope of this TC. You may not include, display, modify, copy, print, sell, download, rent or reverse engineering such except as permitted by applicable law without the prior written permission of you.
6.2 You may not link to our Site or include it in whole or in part on any other external website without our prior written permission.
6.3 You may not copy or otherwise use any of our Site Content without our prior written permission.
7. Functioning of Site and Services
7.1 To use the Services you will also need reliable internet access and to follow any guidelines we provide from time to time, e.g. necessary hardware, software and settings.
7.2 We do not guarantee that our Services will be uninterrupted or error-free, will achieve any particular introduction or result, nor do we guarantee the storage of member Content, integrity or security of data. We will use our reasonable endeavours to rectify faults if they do occur. The Site is not designed as the primary places to store any materials; you are responsible for creating backups of materials you post to the Site such as photos, video and text. We are not responsible for loss of access to, or deletion or alteration of any materials included in any area of the Site.
7.3 We reserve the right to suspend the Services at any time without notice for legal and regulatory purposes, repair, maintenance, improvement or other technical reasons.
7.4 We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
7.5 We reserve the right to remove all of part of any Member content at any time in our discretion.
8. Right of withdrawal, exclusion of right of withdrawal
8.1 Services ordered by the User may be canceled within 14 days of placing an order. Within 14 days of your notification, we will refund.
8.2 Exclusion of right of withdrawal.
8.2.1 Right of withdrawal, however, does not apply after a relevant Services has already been used, downloaded or started.
8.2.2 Sealed products ordered by the User who are not suitable for returning for reasons of health protection or hygiene and whose seal has been broken after delivery.
8.2.3 Right of withdrawal, however, does not apply for items that are regarded as a donation (Wish List, Virtual gift, Goals).
9.1 Paid services are available only to User with available funds. Funds can be acquired by the payment methods specified on our Site.
9.2 Prices are in euros, including taxes and excluding shipping, unless stated otherwise.
9.3 All downloads Services can be downloaded after payment and remain available for 15 days via the Fanzone and limited to 10 downloads.
9.4 A Virtual gift is regarded as a donation.
9.5 Chat services are started after confirmation through the chosen chat service and start right away, unless otherwise agreed.
9.6 Purchased Products will be sent within 7 days when payed in full.
9.7 A bought item from the Wish List will be regarded as a donation and the promised pictures will be send as soon as possibble.
9.8 Donations for Goals that are not reached within the set time frame, will be refunded in coupon codes of double value of the donated amount with an expire date of 365 days.
10.1 You can terminate your registration at any time by sending a message through the contact section on our Site. We will implement such a request as soon as reasonably practicable.
10.2 Without prejudice to any other provision in this agreement (including any right of ours to claim damages), we at any time may suspend or terminate your registration:
10.2.1 immediately without notice or refund if in our reasonable opinion:
10.2.1.1 you have committed a serious breach of this agreement; or
10.2.1.2 if you post any Member Content in breach of 5.1 above; or
10.2.1.3 if our system detects multiple logins from a single account; or
10.2.1.4 if you fail to comply with an email from us giving you seven days to comply with this agreement; or
10.2.1.5 if you are found to be attempting to manipulate the results of any contests or competitions; or
10.2.2 Without cause on seven days notice by email in which case we will provide a pro-rata refund for any Funds remaining.
10.3 We will notify you by email of any suspension / termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services except where we notify you that a suspension is lifted.
10.4 Should we terminate your registration with us for the reason(s) contained in clause 10.2.1 we may (at our sole discretion) prevent you from re-registering as a new member.
11. Changes to the TC
11.1 We may change these TC at any time by posting the revised version on the Site. Please check the TC whenever you visit the Site. You will be bound by the revised TC if you continue to use our Services following the effective date shown on the revised TC.
12. Third party websites
12.1 We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
13. Limitation of liability
13.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
13.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
13.3 We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with these TC.
13.4 We exclude liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events.
13.5 In no event (including our own negligence) will we be liable for any:
13.5.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
13.5.2 loss of goodwill or reputation;
13.5.3 special, indirect or consequential losses; or
13.5.4 damage to or loss of data (even if we have been advised of the possibility of such losses).
14.1 You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.
15.1 Headings in this agreement are for information only and are not binding. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control. This agreement constitutes the entire agreement between you and us in connection with the Services. We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent. Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) unless expressly stated otherwise in this agreement.
16. Law and jurisdiction
16.1 This contract shall be governed by Dutch law and any disputes will be decided only by the Dutch courts.
17. Data Protection
17.1 Registering on this Site will automatically opt you in for receiving periodical, topical emails. If you do not wish to receive any emails from the Site or it’s agents please get in contact with us. You will receive automatic email notifications when activity occurs on your account. You can opt out of these automatic emails by altering you email settings within your account.
17.2 We shall process your personal data in accordance with the Dutch Law of Data Protection.