End-user License Agreement
Article 1 Definitions
The following terms, indicated with a capital, shall have the following meaning:
Account: a personal section created by you when you sign up for the Service.
Bitz & Pixelz: Bitz & Pixelz B.V. and affiliated companies, Bitz & Pixelz B.V. is a private limited liability company incorporated under the laws of the Netherlands and having its principal place of business at W.G. Plein 384 (1054 SG) in Amsterdam, The Netherlands.
Data: Central Media Data and User Generated Data
Database: the aggregated Data of all Users that are recorded by Bitz & Pixelz
Central Media Data: all the material placed on the Service or made accessible via the Service by Bitz & Pixelz, including but not limited to factual data concerning the media, such as cover images, plot summaries, artists or crew-members.
Intellectual Property: all the intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as the rights to know-how and one-line performances.
Notice: a complete and correctly filled out form by which illegal content is reported pursuant to the Notice of Alleged Illegal Content.
Password: the password you have given to access your Account.
Service: the remotely accessible web-based service of Bitz & Pixelz, called Collectorz.com Connect, by means of which the User can access, collect, generate, process and/or share Data.
Support: the maintenance and support services provided by Bitz & Pixelz by e-mail.
User(s): the natural person that accesses or uses the Service and/or related services.
User Generated Data: all material placed on and/or made accessible via the Service by Users, including but not limited to notes, date of purchase and personal rating.
Username: the name or alias chosen by you under which you sign up for the Service.
Article 2 Right to use the Service
The right to access and/or use the Service is limited to the remote access and/or use of the Service by means of electronic access via the Internet for purposes of accessing the Data
Bitz & Pixelz may take technical measures to protect the Service. The User may not remove or circumvent such technical measures.
Bitz & Pixelz reserves the right to audit – or to have a third party audit – whether User complies with the granted rights regarding the use of the Service and/or the Central Media Data.
The User is responsible for meeting the technical and functional requirements (provided by Bitz & Pixelz to the User) in order to be able to access and use the Service. The use of the Service and the Central Media Data is for the User’s own account and risk. The use of electronic communication facilities in order to gain access to the Service is also for the User’s own account and risk. Bitz & Pixelz will in no event be liable for any damage, loss or costs, including loss of User Generated Data, or any inability of the User to use the Service or Central Media Data as a result of a shortcoming, defect or other malfunction of the aforesaid electronic communication facilities. Furthermore, the risk of loss or theft of or damage to the User Generated Data will at all times be borne by the User.
The technical requirements and facilities necessary to make use of the Service, including but not limited to hardware, internet connection and the costs for the use thereof, are to be borne by the User.
Article 3 User’s obligations
In order to use the Service and all options thereof optimally you have to create an Account as described on the website. You guarantee to Bitz & Pixelz that the information provided when creating your Account is complete, correct and accurate. It is not allowed to create an Account in name of another person. You have to submit a Username and Password by which you can access the Account.
The use of the Service and Central Media Data is fully for own risk and own expense. Use by or in name of third parties is not allowed.
All information and User Generated Data provided by you during the creation and use of your Account will be saved in the Database and processed in accordance with Article 9.
The access and use of the Service is personal and non-transferable. Therefore, the User may not give any other person remote or other access to the Service without Bitz & Pixelz’ prior express written consent. The Username and Password made available to the User are also personal. The User must keep these codes strictly confidential and/or use these codes with due care. The use of said codes shall be solely the responsibility of and the risk of User. The User shall indemnify, defend, and hold harmless Bitz & Pixelz from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorized use of User’s Username and/or Password relating to the access and/or use of the Service. As soon as you know, or have reasons to assume, that a Username and/or Password has come into the hands of (an) unauthorized person(s), you should inform Bitz & Pixelz of this, notwithstanding your own obligation to take immediate effective measures yourself such as for instance changing your Password. You can inform Bitz & Pixelz about this via the contact details mentioned in Article 13.
You can change the status of your Account, make (parts of) your Account publicly available or closed, such as sharing your User Generated Data, or change other settings concerning, for instance, your privacy settings, at any time by changing your Account settings.
Notwithstanding any other provisions, the use of the Service may not:
Include viruses, Trojan horses, worms, bots, or any other software that can damage, make unavailable or inaccessible, erase, appropriate an automated work or data or that are meant to bypass technical security measures of the computer systems of Bitz & Pixelz;
Make unreasonable or disproportionate use of the infrastructure of the computer systems or impede the functionality or functionalities of the Service;
Are in contrary with any applicable law or regulation;
Are in contrary with this Agreement;
Breach the rights of Bitz & Pixelz or third parties, including but not limited to intellectual property rights or rights regarding the protection of privacy;
Are in any other way unlawful; and/or
Damage the interests or reputation of Bitz & Pixelz
It is not allowed to copy (parts of) the Service, and/or Central Media Data on websites of third parties.
Article 4 Intellectual property rights
All ownership rights and all Intellectual Property rights in respect of the Service exclusively vest in Bitz & Pixelz. Furthermore, Bitz & Pixelz exclusively owns all rights in any ideas, concepts, know-how, documentation, techniques with respect to the Service as well as the technology (other than the User Generated Data) available on the servers of Bitz & Pixelz.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, create derivative works or otherwise make publicly available any part of the Service or Central Media Data. You may not reverse engineer, decompile, translate, adapt or disassemble the Service, nor shall you attempt to create the source code from the object code for the Service.
The User may not change, render illegible or remove any trademark or recognition signs affixed to the Service and/or any references to Intellectual Property rights including references to its confidential nature and confidentiality.
All Central Media Data retrieved by the Service via the internet is licensed to you for personal, non-commercial use only. You may not use any such Central Media Data for commercial purpose, or aggregate it with any other data in a Database. Prohibited use includes, but is not limited to, using such Central Media Data in a website that aims to earn revenues from its visitors in any way, including selling products or site advertising. The amount of Central Media Data retrieved via the Service should be consistent with personal use. Retrieving excessive amounts of Central Media Data, at sole discretion of Bitz & Pixelz, is not allowed.
Article 5 Database
Article 6 User Generated Data
Notwithstanding the provisions set out in Clause 3.8, the User guarantees that he or she will not make available and/or transmit any User Generated Data via the Service which
Is discriminating or which is otherwise offensive;
Incites to violence and/or harassment of others;
Leads to or is the consequence of exploitation or abuse of others;
Which, in the opinion and at sole discretion of Bitz & Pixelz, is contrary to good morals or good taste, is violent or which includes (a link to) pornographic or erotic material;
Includes a request for the personal details of minors and/or which provides the personal details of others; or
Involves chain letters, junk mail or spamming and/or asks for password or other information which can be traced back to persons, including by using automated software or methods.
The User retains all Intellectual Property Rights to User Generated Data submitted by him or her. The User acknowledges and agrees that by making User Generated Data available he or she automatically grants to Bitz & Pixelz a royalty-free, unencumbered, word-wide, sub-licensable, non-exclusive license to use, reproduce, circulate and make public the User Generated Data in connection with the Central Media Data and Service and to use the User Generated Data for marketing and/or promotional purposes in connection with the Central Media Data and Service.
The User acknowledges and agrees that other Users determine the contents of the User Generated Data offered by them. Bitz & Pixelz is not aware of the contents of any Data. Therefore, Bitz & Pixelz can not give any guarantees and does not accept any liability for the User Generated Data offered by Users.
If you are of the opinion that User Generated Data is unlawful, you can report this to Bitz & Pixelz. You can find more information about the Notice in article 7.3.
Bitz & Pixelz reserves the right to change or remove User Generated Data for any reason without any further notice and without having to pay any compensation. In particularly, Bitz & Pixelz may do so in, but not limited to, cases in which you violate Article 3.8 or 6.1. This paragraph does not withstand the right to take further legal action including, but not limited to, providing your personal details to third parties.
Article 7 Third Party Content
Third parties’ software applications, content, services, Central Media Data and/or links to third party websites (“Third Party Content”), may be available on the Service. The availability of such Third Party Content on the Service does not imply that Bitz & Pixelz has approved or checked this content. Bitz & Pixelz does therefore not accept any responsibility or liability for Third Party Content or for any use of Third Party Content.
Third party terms or conditions may apply to Third Party Content.
In order to terminate infringements of the rights of third parties as soon as possible, Bitz & Pixelz has developed a procedure for reporting infringing content via a Notice. One can use the notice and take down procedure for such Notice at http://www.collectorz.com/contactform.php
Bitz & Pixelz is not liable for any damage whatsoever, either direct or indirect, suffered caused by the unlawful use of the Service. Bitz & Pixelz can only be held to remove or make unavailable any unlawful content or to discontinue any unlawful activities, after it has received a Notice.
Article 8 Functioning of the Service
the Service will not and cannot meet all of User’s expectations;
the Service will not be free of errors and will not function without interruption; and,
not all the errors in the Service will be repaired.
The User accepts that the Service includes only the functionality, User Generated Data, Central Media Data and other characteristics as the User experiences in the Service at the moment of use (“as is basis”). Bitz & Pixelz expressly excludes any explicit or implicit guarantees, commitments or indemnifications of any kind, regarding the quality, safety, legality, integrity, accuracy and completeness of the Service and Data.
User’s exclusive remedy and Bitz & Pixelz’ entire liability for breach of the conformity statement in clause 5.1 is that Bitz & Pixelz will use its commercially reasonable efforts to correct or provide a workaround for reproducible errors (which shall mean the Service not substantially functioning in accordance with the specifications) that cause a breach of the conformity statement. If Bitz & Pixelz is not able to make the Service in conformity with the statement as provided in clause 8.1 within a reasonable period (taking into account the severity of the error and its impact on the User), Bitz & Pixelz in its sole discretion shall be entitled to terminate the granted user rights with regard to the Service, without compensating User for any damages following such termination.
Article 9 Disclaimers and Limitations
This section includes important disclaimers and limitations of Bitz & Pixelz’ liability.
Disclaimer of Warranties. THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CARFEULLY.
TO THE MAXIMUM EXTEND PERMITTED BY LAW, THE SERVICES, DATA AND INFORMATION ARE PROVIDED ENTIRELY “AS IS”, WITHOUT ANY WARRANTY WHATSOEVER, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED, AND THE USER HEREBY WAIVES ALL SUCH WARRANTIES.
Limitation of Liability. THIS SECTION IS EXTREMELY IMPORTANT, PLEASE READ IT CAREFULLY.
In the event Bitz & Pixelz should, nevertheless, be liable, then Bitz & Pixelz shall be liable only for damages insofar as (i) the damage is covered by an insurance taken out by Bitz & Pixelz and (ii) the amount claimed is paid by the insurer.
The limitations mentioned in the preceding paragraphs shall not apply if and insofar as the damage or injury is the result of willful intent or gross negligence by the board of directors or the executive management of Bitz & Pixelz.
The User agrees that it must evaluate and bear all risks associated with, the use of any Data, including any reliance on the accuracy, completeness, or usefulness of such Data. In this regard, the User acknowledges that he or she may not rely on any Data created by Bitz & Pixelz or submitted to the Bitz & Pixelz Service.
Article 10 Privacy and security
During the creation of your Account and during the provision of the Service, you will supply Bitz & Pixelz with personal data. These personal data will be saved and processed according to the Bitz & Pixelz Privacy Statement (available at http://connect.collectorz.com/privacy) and the applicable legislation and regulations, and for the purpose of executing the Service, including but not limited to the collection of User Generated Data for statistics, performance optimalisation, and complement missing Data. Bitz & Pixelz will not sell User Generated Data, including personal data, or share User Generated Data, including personal data, with third parties unless it has the User’s permission or is required by law to do so.
Bitz & Pixelz can give you recommendations for movies, books, cd’s, etc. on the basis of the User Generated Data that you have provided by the use of the Service.
Bitz & Pixelz will make all reasonable efforts to ensure that the Service and the Data are adequately secured.
Bitz & Pixelz can not be held liable for any breach of privacy rights by third parties.
Article 11 Term and termination
You are entitled to discontinue the use of the Service at any time and to terminate your Account.
Upon termination, you lose access to the Service. You agree that any rights to your Account or User Generated Data terminate upon termination.
Upon receipt of a copy of a death certificate, a User’s account may be terminated and all User Generated Data, permanently deleted.
Article 12 Payments
You pay the price stated on the website of Bitz & Pixelz for the products and/or services ordered via the website of Bitz & Pixelz. Payment is made in the manner indicated on the website. Unless explicitly agreed otherwise, payment must be made when you place the order or enter into an agreement.
The prices stated on the website may, without prior announcement, be changed.
You cannot hold Bitz & Pixelz to any offers and or prices if you should in all reasonableness have known that the offer and/or the price are/is an obvious mistake or obvious error in writing.
Bitz & Pixelz reserves the right to charge an upgrade fee in the case of major new enhancements or additions to the Service.
Article 13 Support and contact
13.1 Bitz & Pixelz will render its best efforts in providing Support. Therefore, Bitz & Pixelz has the possibility to login to the User Account. In as far as required under applicable law, the User hereby authorizes Bitz & Pixelz to log into the User Account for Support purposes.
Article 14 Miscellaneous
Notwithstanding any legislative or legal obligations applicable to Bitz & Pixelz, in relation to you Bitz & Pixelz will not be obliged to keep any archived agreement accessible to you.