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This website, including any section and/or sub-section accessible through the homepage (henceforth referred to as “the Website”), is the property of, edited by and maintained by DEMU Trading and/or any affiliated subsidiary (henceforth referred to as “CUSTOMPARTSONLINE”).
We request that you bear in mind and take note upon accessing, browsing or utilising the Website, the User accepts the terms and conditions indicated in this document and any additional terms and conditions indicated in any part of the Website, without limits or reservations.
1. Any material presented in the Website including, but not limited to, audio, images, software, text and/or videoclips (henceforth referred to as “Content”) is protected according to the Intellectual Property Laws. The Content should not be used, apart from in the form specified in this document, and it remains prohibited to eliminate references to copyright or commercial brands and any other corresponding references. Any unauthorised use of Content will be penalised.
2. The User is only authorised to use the Website for personal purposes. Supply, exchange, modification, selling and transmission of any Content at which the User may have access through the Website for any purpose is not permitted, whether it be for free or paid.
3. Visiting the Website does not oblige the User to submit any information of a personal nature. However, the User is aware of and accepts that, in order to receive or access certain Contents, subscription to the Website is necessary. This procedure involves the notification of certain personal details, and in said case the User recognises that the subjection of any information of a personal nature remains subject to:
a. Any personal details given will be stored in a personal data file pertaining to CUSTOMPARTSONLINE. The User expressly lends their consent to the incorporation of said details in said file and their use for the ends henceforth mentioned.
b. The User accepts that CUSTOMPARTSONLINE registers the data file so that it can be used in the manner here indicated. This permission may be withdrawn only subject to request from the User. The requested data is appropriate, relevant and not excessive in relation to the final means for which it shall be used, the terms and services required, mentioned and legitimised by CUSTOMPARTSONLINE as supplier of said services.
c. The understanding that data of a personal nature given by the User will be supplied freely and consciously, and will be used as a means of contact for information pertaining to future promotional and publicity actions, that may be of interest according to the User’s subscription. This information will be sent through any media, including but not limited to email and other systems such as SMS and MMS (if a mobile telephone number is given) or any other system known or hereafter devised.
d. The user expressly recognises and accepts that CUSTOMPARTSONLINE utilises the collected information for the following purposes: the technical administration of the Website, the investigation and development to the end of obtaining and maintaining a high level of service and for the information of clients (newsletters), personalising the Content seen by the User, to carry out the sending of requested information, products and/or services, and in order to contact the User in relation to special themes such as new products/services.
e. The User holds the right to access said information, to correct it if the details are incorrect and/or to request the cancellation of the aforementioned file. This right can be exercised by contacting CUSTOMPARTSONLINE through the email feature “Contact Us” or through letter addressed to:
DEMU Trading
Mokstraat 4
1964 TH Heemskerk
Netherlands.
f. When proceeding with the collection of details, the voluntary or obligatory nature of such details will be clearly indicated. Declining to supply details considered obligatory will lead to the rejection of accessing the service for which they are required.
4. If the User is able to access “chat” or download/upload Contents, then upon using any of these areas the User commits itself not to send, transmit, upload or publish through this means content that may be contrary to the law, morality or public order, as well as threatening in any form or interfering with the use of the Website by another User, including CUSTOMPARTSONLINE.
5. Likewise, the User will also be able to, through means of paid subscription to the Website, access audiovisual Content offered via the Website in Pay-Per-View form. The User will only have access to view said Content whilst connected to the Internet, for as many times as contracted and whilst connected to the Website. However, the User is not authorised to copy said Content to their computer or any other storage device, nor distribute it to third parties for free or for financial gain. If this is contravened, then the User acknowledges to be abide with any corresponding claim that may arise, and CUSTOMPARTSONLINE will be allowed to block access and retain any payment as a deposit to compensate for part of the inflicted damage.
6. In conformance with part 5, the User recognises that access to Content under the Pay-Per-View manner may be contracted for single events or for a seasonal package. The User recognises and accepts that access to the Website may suffer interruptions, and that in certain moments access to specific or all Contents may not be available. It is for this reason that:
a. In said circumstances the User accepts that in the case of the seasonal package there will be no right to claim nor the return of money, except in the case of access to Content in said season had proved impossible due to causes directly responsible by CUSTOMPARTSONLINE, in which case this must be corroborated by CUSTOMPARTSONLINE, in a minimum of 50% of the period in which the User has been a paying subscriber. Only under said circumstances there will be grounds for: i) Gifting of subsidiary packages that substitute the missing Content from the contracted season and ii) in the event that a substitute package similar to that mentioned in part i) cannot be offered CUSTOMPARTSONLINE will return prorate of the subscribed amount unfulfilled by CUSTOMPARTSONLINE.
b. In the event that the User has subscribed to specific packages (either through SMS or any other system of bank payment implemented by CUSTOMPARTSONLINE’s providers), if during the term granted access to the Website is unavailable for less than 50% of the time period due to causes directly responsible by CUSTOMPARTSONLINE, in which case this must be corroborated by CUSTOMPARTSONLINE, CUSTOMPARTSONLINE recognises that i) CUSTOMPARTSONLINE will give the User access to another specific package similar to that previously bought, free of charge as compensation for failing to deliver the contracted service, or ii) in the event that a substitute package similar to that mentioned in part i) cannot be offered, CUSTOMPARTSONLINE will return the amount paid for said package to the User.
7. The User recognises and accepts that CUSTOMPARTSONLINE is not responsible for Content from third parties, or for any cases of defamation, error, inaccuracy, slander, obscenity or blasphemy included in such communication. CUSTOMPARTSONLINE, in cases in which they have knowledge of such matters, will be able to modify, edit or delete any material used or conversations deemed illegal, indecent, obscene or offensive, or that violate CUSTOMPARTSONLINE policy in any form. CUSTOMPARTSONLINE will fully cooperate with any law-upholding authorities or judicial orders that solicit the identity of whomever publishes such material.
8. Any communication or material that the User sends to the Website, including details, questions, comments, ideas, suggestions or similar, will be considered non-confidential information by CUSTOMPARTSONLINE and present in the public domain. Such communication may be used by CUSTOMPARTSONLINE or its affiliates for any purpose, including but not limited to reproduction, disclosure, publication, retransmission and forwarding. Likewise, the User recognises and accepts that CUSTOMPARTSONLINE will be free to use (without restriction, time limit or compensation to the User) in any way and for any purpose, any ideas, concepts or techniques included or derived from any User-Website correspondence.
9. The User acknowledges and recognises that transmissions through the Internet are never totally private and secure, unless indicated to the contrary. Sending a message to CUSTOMPARTSONLINE does not imply that CUSTOMPARTSONLINE has special responsibility as regards the User. In the moment that the User accesses pages or sections in which the existence of security control is specified (as in the case of a bank transfer) the security of the data’s being sent will be established by set conditions.
10. CUSTOMPARTSONLINE offers links to other websites solely for the convenience of visitors, and is not responsible for the content of any page accessed through the Website. The existence of links to any other page from the Website does not mean that CUSTOMPARTSONLINE approves of, subscribes to or recommends said page. CUSTOMPARTSONLINE absolves itself of any guarantee, explicit or implicit, in relation to the accuracy, legality, exactitude or validity of any other page.
11. CUSTOMPARTSONLINE assumes no responsibility, including but not limited to, negligence on the side of CUSTOMPARTSONLINE, for any loss or damage caused to computers or software deriving from use of the Website, or from the downloading of material, data, text, images, audio or video from the Website, whether it be caused by a virus or any other form.
12. The present Terms and Conditions of Use, and any other additional conditions published on the Website, constitute a full agreement between CUSTOMPARTSONLINE and the User in relation to the use of the Website. The present Terms And Conditions Of Use are subject to Spanish law, without reference to legal norms, and in the case of a dispute the User it will be submitted to the jurisdiction of the Courts of Haarlem, Netherlands.
13. The User is obliged to comply with any additional conditions indicated on the Website, likewise any conditions able to be modified in accordance with necessary through a change in law. CUSTOMPARTSONLINE will be permitted to modify any part of the present Terms And Conditions Of Use at any given moment, at it sole discretion and without prior notice to the User. Continuing to use the Website after such changes have been published indicates an acceptance of said changes. CUSTOMPARTSONLINE, attending to the general interest of MotoGP, reserves the right to modify, cancel, alter replace, change, interrupt or suspend any Content published on the Website, be it temporary or permanent, without prior notification or assuming any responsibility.
© CUSTOMPARTSONLINE 2007. ALL RIGHTS RESERVED
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