End-user License Agreement

Terms of Use (“Terms of Use”) apply to the use of the Service (as defined below). Please read these Terms of Use carefully so that you know what your rights and obligations are when you use the Service. By using the Service in any way whatsoever, or by clicking “sign up” during the registration process of your account, you thereby accept being bound to these Terms of Use, and become a User (as defined below). You are not allowed to use the Service if you are not a User. This is a legally binding agreement. If you do not want to become a User, do not conclude the Agreement, do not click “sign up” and do not access and/or use the Service, including viewing, downloading or otherwise using any Central Media Data or service whatsoever.

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

Bitz & Pixelz hereby grants the User a personal, non-transferable, non-exclusive right to access and to use the Service in accordance with these Terms of Use.
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
Except as expressly stipulated in these Terms of Use or except as expressly allowed by mandatory law, the User may not - nor permit any third party to - (a) copy, make available, sublicense or otherwise commercialize the Service, (b) modify, translate or otherwise create a derivative work of the Service, (c) disassemble, decompile or reverse engineer the object code or source code of the Service. Furthermore, the User may not use (which includes to copy, retrieve, make available, re-use or otherwise commercialize) the Central Media Data for purposes other than personal use by the User. Commercial use is expressly prohibited.
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.
You fully indemnify and hold harmless Bitz & Pixelz against any and all claims by third parties based on the allegation that any activities performed by you in using the Service are in any way unlawful. This includes, without limitation, any activities that are in violation of these Terms of Use or constitute an infringement of Intellectual Property rights.
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.
Everybody can create an Account. However, if you are below the age of sixteen (16) you need the consent of your legal representative(s) (your guardian or (one of) your parents). By accepting these Terms of Use you guarantee that you are at least sixteen (16) years old or that you have obtained the consent of your legal representative(s) to create an Account.
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.
The User warrants it will correctly and properly use the Service, which includes but is not limited to compliance with these Terms of Use. The User may in any case not use the Service and/or the Central Media Data for any acts and/or conduct contrary to the law, public order, public decency or these Terms of Use. Furthermore, the User’s acts and/or conduct must be in accordance with what may in all respects be expected of a responsible and diligent internet user.
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

The Database of Bitz & Pixelz is to be regarded as a database within the sense of Directive 96/9/EC on the legal protection of databases. Bitz & Pixelz is the producer of this Database and in that capacity has the exclusive right to grant consent for the use of data, such as Central Media Data, from this Database. You may only use data from the Database insofar as use is allowed pursuant to these Terms of Use and for the performance of the Service and you are not allowed without the prior written consent of Bitz & Pixelz to retrieve and re-use a substantial part of the content, such as Central Media Data, of the Database(s) and/or retrieve and repeatedly and systematically re-use non-substantial parts of the content, such as Central Media Data, of the Database(s) within the sense of the Databases Act.

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
1. Is discriminating or which is otherwise offensive;
2. Incites to violence and/or harassment of others;
3. Leads to or is the consequence of exploitation or abuse of others;
4. 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;
5. Includes a request for the personal details of minors and/or which provides the personal details of others; or
6. 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 represents and warrants that he or she owns all of the Intellectual Property Rights to the User Generated Data and that the User Generated Data is accurate; does not violate these Terms of Use and will not cause injury to any person or entity. The User represents and warrants that you will indemnify Bitz & Pixelz for all claims resulting from User Generated Data you supply.
The User acknowledges and agrees that the User Generated Data that he or she makes available to the Service will be used by other Users. Bitz & Pixelz does not accept any liability for compliance with these Terms of Uses by the Users of the 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

Without prejudice to Bitz & Pixelz’ limitation of liability, the Service will be in conformity with these Terms of Use if it will substantially perform in accordance with its specifications, when correctly and properly used. The User acknowledges and accepts, however, that:

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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THE USER OBTAINS FROM BITZ & PIXELS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability. THIS SECTION IS EXTREMELY IMPORTANT, PLEASE READ IT CAREFULLY.

IN NO EVENT SHALL BITZ & PIXELZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) DAMAGES, LOSS OR INJURY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR ANY SERVICES, DATA, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OR WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS NOW OR HEREAFTER KNOWN. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEYS FEES, LOST PROFITS, PHYSICAL AND/OR PERSONAL INJURY, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. THE USER AGREES AND ACKNOWLEDGES THE ECONOMIC TERMS OF THESE TERMS OF USE FAIRLY AND EQUITABLY REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A MATERIAL INDUCEMENT FOR BITZ & PIXELZ TO MAKE AVAILABLE TO THE USER ITS SERVICES, WEBSITE AND OTHER CONTENT AND MATERIALS.

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.

Indemnification. The User hereby agrees to indemnify and defend Bitz & Pixelz and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney’s fees and costs, made by any third party due to or arising out of the User’s violation of the Terms of Use.

The User agrees that, except as otherwise expressly provided herein, the Terms of Use do not confer and is not intended to confer any rights or remedies upon any person other than you.

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.
In addition to other remedies or means available to Bitz & Pixelz, Bitz & Pixelz is at all times entitled to (temporarily) restrict, suspend or put out of use your activities in connection with the Service without giving any reason and without any prior explanation, to discontinue and/or to remove your Account temporarily or permanently, to remove Central Media Data or User Generated Data, to issue a warning, to terminate the Service and to refuse to provide you with the Service, particularly, without limitation, if you act contrary to these Terms of Use and or Bitz & Pixelz is of the opinion that your acts may inflict damage or cause liability for Bitz & Pixelz or yourself with regard to other Users or third parties. Bitz & Pixelz will not be liable or obliged to pay compensation or refund in any way whatsoever for whatever reason.
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

These Terms of Use and the use of the Service are governed by and construed in accordance with the laws of The Netherlands. If any provision of these Terms of Use is not enforceable and/or void due to overriding mandatory local law, then this overriding mandatory local law will apply. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Use.
All disputes arising in connection with these Terms of Use shall be finally settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Amsterdam, unless parties agree otherwise. The arbitral procedure shall be conducted in the English language.
These Terms of Use provide that all Claims will be resolved by binding arbitration and not in court or by jury trial. IF A CLAIM IS ARBITRATED, THE USER GIVES UP HIS OR HER RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THE USER MAY HAVE AGAINST BITZ & PIXELZ INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION, WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
Bitz & Pixelz is allowed to assign any rights and obligations resulting from these Terms of Use to third parties and will inform you of this. If you do not accept such an assignment, you may discontinue the use of the Service and terminate your Account.
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.
If these Terms of Use are or become partly invalid, you continue to be bound by the remaining part. Bitz & Pixelz will replace the invalid part by clauses which will be valid and of which the legal consequences – considering the conditions and purpose of these Terms of Use – correspond as much as possible with those of the invalid part. The User agrees that, if any provision of the Terms of Use is found to be invalid by a court, such court should endeavor to give full effect to the Parties’ intentions as reflected in such provision.
Bitz & Pixelz may amend, update or supplement these Terms of Use. If any modification to these Terms of Use significantly alters your rights or obligations, Bitz & Pixelz will notify you by means of a message on the Service and/or via a system notification message. Any continued use of the Service by User will subsequently constitute acceptance of the Terms of Use (as amended).
These Terms of Use constitute the final agreement between the User and Bitz & Pixelz. It is the complete and exclusive expression of the agreement on the matters contained herein. All prior and contemporaneous negotiations and agreements between you and Bitz & Pixelz on matters contained in the Terms of Use are expressly merged into and superseded by the Terms of Use. The provisions of the Terms of Use may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into the Terms of Use, neither the User nor Bitz & Pixelz has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in the Terms of Use. THERE ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THESE TERMS OF USE, OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS OF USE.
Bitz & Pixelz its failure to exercise or enforce any right granted in the Terms of Use shall not constitute a waiver of such right.
These Terms of Use create no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Bitz & Pixelz, and intends no such relationship.