Terms of Use

Acceptance of the Terms of Use

These terms of use (hereinafter referred to as the “Terms”) are a legally binding agreement between you (hereinafter referred to as “User” or “You”) and Digital Performers, represented by the company (“Company” or “Digital Performers”), regarding your access to and use of the website located at arjanhoogland.com (hereinafter referred to as the “Website”).

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms or the Privacy Policy, you must refrain from accessing or using the Website.

Changes to the Terms of Use

Digital Performers reserves the right to amend these Terms at any time and in its sole discretion. Such changes will become effective immediately upon posting on the Website and will apply to all users upon their acceptance.

However, any changes to the dispute resolution provisions set forth in “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use indicates your acceptance of such changes. Users are encouraged to periodically review these Terms to stay informed of any updates.

Accessing the Website and Account Security

Digital Performers reserves the right to modify or discontinue the Website or any part thereof at its sole discretion, without prior notice. The Company will not be liable for any unavailability of the Website.

Users are responsible for ensuring they have the necessary means to access the Website.

To access certain parts of the Website, users may be required to provide registration details or other information. Users agree to provide accurate, current, and complete information and consent to the handling of such information in accordance with our Privacy Policy.

Users may be provided with a username, password, or other security information. It is the user’s responsibility to keep such information confidential and not share it with others. Users are also required to notify Digital Performers immediately of any unauthorized access or use of their account or any security breach.

The Company reserves the right to disable any user account, whether chosen by the user or provided by Digital Performers, at any time if the user violates any provision of these Terms.

Intellectual Property Rights

The content and functionality of the Website, including text, images, video, audio, and design, are the intellectual property of Digital Performers or its licensors and are protected by various intellectual property laws.

Users are granted a limited, non-exclusive license to use the Website for personal purposes only. Users may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any content from the Website, except as expressly permitted in these Terms.

Users must not modify or incorporate the Website into any other product, service, or offering. Users are also prohibited from deleting or altering any copyright, trademark, or other proprietary rights notices on the Website.
Commercial use of any part of the Website or its services or materials is strictly prohibited.

Confidentiality

During the use of Digital Performers’ services, users may have access to confidential information belonging to the Company, its customers, suppliers, and other third parties. Users agree not to disclose, divulge, or use such Confidential Information for personal gain.
Digital Performers may seek injunctive relief in the event of any breach of confidentiality obligations.

Trademarks

The names, logos, product and service names, designs, and slogans associated with Digital Performers are trademarks owned by the Company or its affiliates or licensors. Users must not use these marks without the prior written permission of Digital Performers.

Prohibited Uses

Users agree not to:
• Use the Website in a manner that could disable, overburden, damage, or impair the site or interfere with other users’ access or use of the Website.
• Employ any automated means to access the Website, such as robots or spiders, without prior written consent.
• Use manual processes to monitor or copy Website content without authorization.
• Introduce viruses, malware, or other harmful code to the Website.
• Attempt to gain unauthorized access to the Website or its servers.
• Attack the Website through a denial-of-service or distributed denial-of-service attack.

Users may not collect personally identifiable information from the Website or use its communication systems for commercial solicitation purposes.

User Contributions

The Website may allow users to post, submit, or transmit content (hereinafter referred to as “User Contributions”) through interactive features.

User Contributions must comply with the Content Standards specified in these Terms.

Users retain ownership rights in their User Contributions but grant Digital Performers a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display User Contributions in connection with the Website and Digital Performers’ business.

Digital Performers may remove or refuse to post User Contributions at its discretion. Users are solely responsible for their User Contributions and any legal consequences thereof.

Monitoring and Enforcement; Termination

Digital Performers reserves the right to remove or refuse User Contributions, take action with respect to any User Contribution it deems necessary, disclose user identities to third parties when necessary, and terminate or suspend user access to the Website for violations of these Terms or any applicable laws.

Digital Performers will cooperate with law enforcement authorities and court orders as needed.

Content Standards

User Contributions must comply with all applicable laws and regulations and must not contain defamatory, obscene, indecent, abusive, offensive, or other objectionable material.

They must not infringe on intellectual property rights, violate the rights of others, promote illegal activities, or cause annoyance or harm to others.

Copyright Infringement

Digital Performers does not permit copyright infringement and will remove User Submissions that infringe on the intellectual property rights of others in accordance with the Digital Millennium Copyright Act (DMCA).

Users who believe their copyrights have been violated can submit DMCA Notices to Digital Performers’ designated copyright agent.

Reliance on Information Posted

Information on the Website is for general informational purposes only.

Digital Performers does not warrant the accuracy, completeness, or usefulness of this information and disclaims liability for reliance on such materials.

The Website may include third-party content, which represents the opinions and responsibility of the respective third parties. Digital Performers is not responsible for such content’s accuracy or reliability.

Changes to the Website

Digital Performers may update Website content but is under no obligation to ensure its completeness or current status. Users access the Website at their own risk.

Information About You and Your Visits to the Website

Information collected on the Website is subject to Digital Performers’ Privacy Policy. By using the Website, users consent to the handling of their information in accordance with this policy.

Disclaimer of Warranties

Users understand and acknowledge that the Website may contain viruses or other harmful elements, and they are responsible for implementing safeguards against such threats.

The Website is provided “as is” and “as available” without warranties of any kind, whether express or implied. Digital Performers does not guarantee the completeness, security, reliability, accuracy, or uninterrupted availability of the Website.

Limitation on Liability

Digital Performers, its affiliates, licensors, and service providers are not liable for any damages arising from the use or inability to use the Website, including direct, indirect, special, incidental, or consequential damages.

This includes personal injury, loss of revenue, loss of profits, loss of business, loss of data, and any other form of damage, whether caused by negligence or otherwise.

Indemnification

Users agree to defend, indemnify, and hold harmless Digital Performers, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, and suppliers, from any claims, liabilities, damages, losses, costs, expenses, or fees arising from violations of these Terms or the use of the Website.

Waiver and Severability

Failure to enforce any provision of these Terms does not waive Digital Performers’ right to enforce such provision in the future.

If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, along with Digital Performers’ Privacy Policy, constitute the entire agreement between users and Digital Performers concerning the Website, superseding all previous agreements.

Your Comments and Concerns

For any questions, feedback, or communications related to the Website, please contact Digital Performers at info@digitalperformers.nl.

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