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WEBSITE TERMS AND CONDITIONS ("terms", "legal notice")
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.GROOTKUNST.COM (“WEBSITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US ("THE COMPANY", "WE") AND YOU ("USER", "REGISTERED USER"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

1. INTRODUCTION
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you become a registered user.
1.2 By accessing and/or using any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
1.4 By accessing and using this Website, you hereby warrant that you are over the age of 18 or, if not over the age of 18, are being supervised by a parent or guardian who agrees to such use and access and accepts these terms. If this is not the case then you must leave this Website immediately.

2. LICENCE
2.1 You are permitted to print and download extracts from this Website on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text;
(c) the Company’s and/or any licensor’s and/or any registered user’s copyright notice appear in all copies and;
(d) such printing and downloading is for your own personal use only and not for any commercial use, application, distribution or copying.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs, graphical images, layout and design) are owned by the Company, its licensors or its registered users. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
3.3 Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your registration, use or access to this Website and refuse to provide our services to you without notice to you: (a) if you breach any of these terms and conditions or any documents incorporated by reference or; (b) if we are unable to verify or authenticate any information that you provide to us during the course of any applicable registration or; (c) if we believe that your actions may cause legal liability for you, our users (registered or otherwise) or us.

4. USER AND REGISTERED USER MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary and the Company will have no obligations with respect to such material. The Company does not claim ownership of any material or information posted or transmitted by registered users to this Website. To enable the Company to use such material, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to exercise the copyright, publicity and database rights that you have in such information including all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Such exercise may include, but is not limited to, copying, distributing and publicising such material as the Company sees fit in the normal course of its business.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, seditious, pornographic or abusive or violent in relation to children in any way, liable to incite racial hatred, discriminatory, in breach of confidence, in breach of copyright or in breach of privacy;
(b) that is false, inaccurate or misleading;
(c) that would create a liability for the Company or cause the Company to lose (in whole or part) the services of our internet service provider or other suppliers;
(d) for which you have not obtained all necessary licences and/or approvals;
(e) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the The Netherlands or any other country in the world; or
(f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website including, without limitation, by hacking. Further, you will not use or induce the use of any robot, spider, other automatic device or manual process to monitor or copy our Website or content contained therein without our prior express written permission.
4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
4.5 Additionally, the Company reserves the right, in its sole discretion, to remove any material posted which is in breach of paragraph 4.2 or which, in the Company’s sole discretion, is considered inappropriate.
4.6 We do not control the information provided by other users (registered or otherwise) which is made available through this Website. This means that you may find some or all of this information to be vulgar, offensive, indecent, obscene, harmful, inaccurate or deceptive. Please use caution and common sense when accessing or using this Website. Should you wish to complain about any material on this Website, please send an email to admin@grootkunst.com.

5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Company logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Company trade marks displayed on this Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.

6. REGISTRATION
6.1 Each registration, where applicable, is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network. It is your responsibility to keep your user name and password safe.
6.2 If you are registering as a business entity, you represent that you have the authority to bind the entity to this legal notice in its entirety.
6.3 Responsibility for the security of any passwords issued rests with you. Therefore, you are responsible for all actions taken with any user name and password, including fees. We therefore recommend that you do not disclose your user name or password to any third parties.
6.4 Following registration, you can review and change the information you submitted during registration.
6.5 The Company reserves the right to change their fee structure at any time. In all circumstances, you will be given at least 30 days notice of any proposed change to the Company’s fee structure.
6.6 Registered users understand and agree that the Company may send certain communications such as service announcements and administrative notices and that you will not be able to opt out of receiving them.
6.7 GROOTKUNST.COM is only a venue. This means that we allow registered users to publicise items and provide information about themselves or their company’s offerings in a variety of formats. We do not review these items or information (including but not limited to any web pages) provided by registered users and we are not involved in any transactions between users (registered or otherwise) of this Website. Therefore, we have no control over the quality, safety or legality of any items publicised or the truth or accuracy of those listings or information. Users and registered users accept sole responsibility for the legality of their actions.
6.8 You understand and agree that the Company may establish general practices and limits concerning your use of this Website. Currently, each registered user is allowed a maximum of 4 MB of disk space for the purposes anticipated at clause 6.7 above.
6.9 The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, your use of this Website with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance as noted herein.
6.10 For the purposes anticipated by clause 6.7 above, the Company grants you a personal, non-transferable, non-exclusive right and licence to use the functionality built into this Website provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, transfer, assign, sublicence or otherwise attempt to deal with or discover any applicable source code.
6.11 Upon written request, we will deactivate your account, contact information and, where applicable, any financial information from our active databases. To make this request, email admin@grootkunst.com and such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law.

7. DISCLAIMER
7.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company (or, where applicable, registered users) may make changes to the material on this Website, or to the items, products or information described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material at this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

8. LIABILITY
8.1 The Company, and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.4 In the event that you have any right, claim or action against any other user (registered or otherwise) or third party arising from that user’s or third party’s use of our Website, you hereby agree to pursue such right, claim or action independently and without recourse to the Company and you hereby release the Company from all claims, liabilities, damages, losses, costs and expenses (including legal fees) arising from or in any way connected with such right, claim or action.
8.5 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach of these terms and conditions (including any documents incorporated by reference) or your violation of any law or the rights of a third party.
8.6 In case the Company ends, for any reason, your registration (your membership) you will not be given back any paid fees or a part of the fees.

9. PRIVACY
9.1 The Company respects your privacy and does not sell or rent mailing lists to third parties or marketing campaigns.
9.2 This Website may collect basic information which identifies you as an individual, such as your name, contact details and email address, if you become a registered user. This information will only be used to respond to any communications initiated by you to us in relation to your use of this Website, provide the services as requested by you in relation to this Website and may, in general, require us to communicate with you from time to time.
9.3 If you send us personal correspondence, such as emails or letters, or if other users (registered or otherwise) or third parties send us correspondence about your activities or postings on this Website, we may collect such information into a file specific to you and may use such contact information to correspond with you with respect to any such correspondence.
9.4 Under some circumstances, we may also require some additional information, including, but not limited to, credit card details if you become a registered user. We use this financial information (including the verification of your name, address and other information) in order to bill you for the use of our services, as applicable.
9.5 This Website may contain links to other websites and the Company is not responsible for the privacy policy of such websites.
9.6 When you visit this Website, a small amount of data known as a "cookie" may be stored on your computer’s hard drive. Cookies may include information concerning, for example, the type of web browser you are using which in turn may help us to monitor how this Website is accessed.
9.7 The Company does not use cookie technology to collect personal or confidential information, however, should you object to the use of cookies, you can reconfigure your web browser to reject them. Additionally, the Company is not responsible for nor controls the use of cookies by any third parties.
9.8 We cannot ensure that all of our private communications and other personally identifiable material will never be disclosed in ways not anticipated by our Privacy Policy. For example, we may, by law, be forced to disclose certain information to government or law enforcement agencies. Therefore, although we take every effort to protect your privacy, you should not expect that your personally identifiable information or private communications will always remain private.
9.9 In order to facilitate interaction amongst various users (registered or otherwise) of this Website, this Website allows you limited access to other users’ (registered or otherwise) contact information. By accepting this Privacy Policy, you agree that, with respect to other users’ (registered or otherwise) personally identifiable information that you obtain through the Website, you will only use such information for directly solicited communications. In all cases, you must give users (registered or otherwise) an opportunity to remove themselves from your database and a chance to review what information you have collected above them.
9.10 Please note that the Company operates a policy of zero tolerance in relation to spam. To report spam from other users (registered or otherwise), please send an email to admin@grootkunst.com.
9.11 The Company uses industry standard security to safeguard the confidentiality of your personally identifiable information however, please be aware that “perfect security” does not exist on the internet.
9.12 We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

10.COMPLAINTS
We aim to deliver the highest level of customer service. However, if you feel you would like to complain about any matter please e-mail to admin@grootkunst.com. We will reply as soon as possible and in any case you will at least receive an acknowledgement within 5 (five) working days whilst we work to resolve your complaint if possible.

11. SYSTEM REQUIREMENTS
The Website is optimized for Mozilla Firexfox v1.5 and Internet Explorer v5.0 browser, on a PC and with a minimum screen resolution of 800x600. Lower/other system configurations might not show the GROOTkunst website in a proper way.

12. GUARANTEE
There is no guarantee for an error free operation of this web site. Also, there is no liability in case of any hardware or software damages by using this web site.

13. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Dutch courts.

14. SUBMISSIONS
We welcome your e-mail messages and suggestions of ways in which we can improve the site. We will use any personal information you send us only to respond to your message. Please note that any suggestions or ideas you submit to us, and all materials posted by you to the GROOTkunst portion of the web site, will become the property of GROOTkunst and can be used by us for any purpose.

15. NEWSLETTER
The GROOTkunst offers a newsletter. The subscription is free and for everyone who wants to get the newsletter. The submitting of an e-mail in order to subscribe a third party/person without the clear approval of that third party/person is prohibited. An abuse of subscription is prohibited. GROOTkunst is neither liable nor responsible for subscriptions. If a subscription happened by mistake or abuse use the link at the bottom of the newsletter or contact GROOTkunst by e-mail regarding the newsletter unsubscription. There is not entitlement/claim receiving the newsletter. There is no warranty for receiving the newsletter monthly. GROOTkunst reserves its right to cancel or to refuse a subscription without justification and notification.

16. NOTICES
Unless otherwise explicitly stated, notices to the Company must be sent by email to the Company at admin@grootkunst.com. Notices to registered users will be sent to the email address that you provide to the Company when registering. Receipt is deemed with 5 workdays after an email is sent.

17. THIRD PARTY RIGHTS
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

18. GENERAL
If any provision of this legal notice is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this legal notice (and all documents incorporated by reference) may be automatically assigned by the Company in our sole discretion to a third party in the event of a merger or acquisition. You and the Company are independent contractors and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this legal notice. Our failure with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.