Tweeler B.V. Terms of Use

INTRODUCTION

Welcome to the Tweeler B.V. ("TWEELER") Internet websites. TWEELER operates this website and other websites affiliated with TWEELER (each, a "TWEELER Web Site," and collectively, the "TWEELER Web Sites").

1. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS TWEELER WEB SITE

This is an agreement ("Agreement") between you and TWEELER. This Agreement governs your use of any Web site or Web page operated by TWEELER.

TWEELER OFFERS THE TWEELER WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE TWEELER WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS AN ASSUMPTION OF THE RISK REQUIREMENT, DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. TWEELER MAY MODIFY THIS AGREEMENT

TWEELER reserves the right to change the terms, conditions, and notices under which it offers the TWEELER Web Sites, including any charges associated with the use of the TWEELER Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any TWEELER Web Site. Your continued use of the TWEELER Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any TWEELER Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that TWEELER Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a TWEELER Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE TWEELER WEB SITES

The TWEELER Web Sites are only for your personal use, and TWEELER grants you the limited right to view and use the TWEELER Web Sites only for the purposes of viewing or playing content such as games or films, placing product orders, or for accessing information, software ("Applications") and services. You may not use the TWEELER Web Sites for commercial purposes. You may not use the TWEELER Web Sites in any way that is unlawful, or harms TWEELER, its affiliates, and/or partners (each, a "TWEELER Party" and collectively, the "TWEELER Parties") or any customer of a TWEELER Party, as determined in TWEELER's sole discretion. Without limiting the generality of this section, you may not use the TWEELER Web Sites in any manner that could damage, disable, overburden, or impair any TWEELER Web Site (or the network(s) connected to any TWEELER Web Site) or interfere with any other party's use and enjoyment of the TWEELER Web Sites. Further, unless you have received specific written permission from TWEELER, you may not (1) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the TWEELER Web Sites or (2) alter or modify any content on the TWEELER Web Sites. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the TWEELER Web Sites and/or Applications for any commercial purpose.

5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to TWEELER related to the TWEELER Web Sites (a "Submission"), you grant TWEELER permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the TWEELER Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Unless otherwise agreed by TWEELER in writing, TWEELER will not pay you for your Submission. TWEELER may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

6. SOFTWARE

Your use of any software associated with the TWEELER Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") or software license (for example GPL) accompanying such software. If you receive any software that is not accompanied by a EULA or a software license, then TWEELER grants to you only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. Such software is protected by copyright and other intellectual property laws and treaties. TWEELER or its licensors own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. TWEELER reserves all rights to such software not expressly granted to you in this Agreement.

7. DIGITAL RIGHTS MANAGEMENT SYSTEMS

Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that TWEELER shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by TWEELER which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications. The DRMS for subscription services and Applications licensed from the Site may transmit the following pieces of information, along with other information, when you either enter a purchase key or sign in with your subscription service user name and password: Operating System, CPU Version Information (including serial number from a serial-number-enabled Pentium III), BIOS Version Information, NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size of Physical Memory.

8. TWEELER MAKES NO WARRANTY

TWEELER PROVIDES THE TWEELER WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWEELER PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE TWEELER PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE TWEELER WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND (4) LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

(a) IF YOU ARE DISSATISFIED WITH THE TWEELER WEB SITES OR ASSOCIATED SOFTWARE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TWEELER PARTY WITH RESPECT TO THIS AGREEMENT OR THE TWEELER WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS, AT TWEELER'S OPTION, (1) TO DISCONTINUE USE OF THE TWEELER WEBSITES; (2) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU; OR (3) REFUND OF THE AMOUNT THAT YOU PAID TO TWEELER. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT WILL ANY TWEELER PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE TWEELER WEB SITES, EVEN IF SUCH TWEELER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

(c) THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

10. ASSUMPTION OF RISKS

YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AS WELL AS ANY RISK THAT THEY WILL NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING USER FORUMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT TWEELER SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

11. CHANGES TO THE TWEELER WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE TWEELER PARTIES MAY CHANGE THE TWEELER WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the TWEELER Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by TWEELER and persons other than TWEELER (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8, 9, 10, AND 11, YOU ACKNOWLEDGE AND AGREE THAT THE TWEELER PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 8, 9, 10, AND 11, YOU ACKNOWLEDGE AND AGREE THAT TWEELER IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE TWEELER WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE TWEELER WEB SITES AND OTHER SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE TWEELER WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE TWEELER WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9, 10, AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

TWEELER may terminate this Agreement, or terminate or suspend your access to the TWEELER Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the TWEELER Web Sites will immediately cease.

13. DISPUTE RESOLUTION, CHOICE OF LAW, AND LOCATION FOR RESOLVING DISPUTES

CHOICE OF LAW: All Claims or Disputes arising out of or relating to this Agreement will be adjudicated under Dutch law, without reference to conflict of laws principles.

JURISDICTION AND VENUE: You hereby irrevocably consent to the exclusive jurisdiction and venue of the district court of Utrecht, Netherlands, in all Disputes arising out of or relating to the use of the TWEELER Web Sites.

14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND TWEELER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TWEELER WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. TWEELER may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the TWEELER Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and TWEELER with respect to the TWEELER Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TWEELER with respect to the TWEELER Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

16. LINKS; ADVERTISERS

The TWEELER Websites contain links to third party sites that are not under the control of TWEELER and TWEELER is not responsible for any content on any linked site. If you access a third party site from the TWEELER Websites, then you do so at your own risk. TWEELER provides links only as a convenience and the inclusion of the link does not imply that TWEELER endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the TWEELER Websites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that TWEELER shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.