- EscortDate.com is owned by CreativeGuru B.V which is a B.V company in Uitgeest, The Netherlands. EscortDate.com allows advertisers to pay a fixed fee for displaying their ad on EscortDate.com.
- To become an advertiser you must be at least 21 years old
- To become an advertiser you must either register at EscortDate.com or make contact by phone or e-mail. See our contactpage.
- If you choose a recurring method for paying your advertisement you will be billed on your credit card once the period you have paid for expires. To discontinue the rebilling you must cancel your advertisement before the period you have paid for ends.
- You may not transfer your ad to a different person
- Advertisement fees are non-refundable
- Advertisement fees are 160 EURO per month and is paid either by credit card or by wire transfer
- EscortDate.com excludes all liability for potential meetings between users and advertisers on EscortDate.com
- This agreement may change at any time. Changes will take effect once the advertisers has received a notice by e-mail.
- EscortDate preserves the right to in the case of fake photos (pictures that are not of the actual advertiser) to deactivate the ad without notice and not refunding the ad payment.
- EscortDate.com does not want any advertisers on its webpage that has anything to do with procurement or human trafficking. If we notice any ads like that, we will contact the public authorities immediately, and tell them or press charges against the advertiser. The law on this matter states that we are not allowed to withhold any such information, if we get aware of them when we accept the advertiser, or at a later time.
Terms and Conditions for EscortDate.com
Here is the current Terms and Conditions for EscortDate.com. By using our services you acknowledge that you have understood these conditions and also accepts them.
2257 Compliance Statement
All models located on EscortDate.com were 18 years of age,
or older during the time of photography, in compliance with
the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C 2257).
All models' proof of age is held by the custodian of records, which is listed below.
All content and images are in full compliance with
the requirements of 18 U.S.C. 2257 and associated regulations).
CreativeGuru B.V
Anna van Renesseplein 8
1911KN Uitgeest
Netherlands
Dutch C.o.C. number: 34294300
*/ ?>
All models located on EscortDate.com were 18 years of age,
or older during the time of photography, in compliance with
the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C 2257).
All models' proof of age is held by the custodian of records, which is listed below.
All content and images are in full compliance with
the requirements of 18 U.S.C. 2257 and associated regulations).
CreativeGuru B.V
Anna van Renesseplein 8
1911KN Uitgeest
Netherlands
Dutch C.o.C. number: 34294300
*/ ?>
GENERAL TERMS AND CONDITIONS
CREATIVE WEBSITE APPLICATIONS BV
These are the general terms and conditions of Creative Website Applications B.V. having its offices in Amsterdam, the Netherlands. By using Creative Website Applications's Website and Services, you signify your acceptance of the terms and conditions set out herein. Please note that you are not allowed to use the Website and the Service if you have not reached your majority. If you do not agree to these terms and conditions or if you have not reached you majority, please do not use the website and/or services of Creative Website Applications and exit the website immediately.
Creative Website Applications has the right to revise these terms and conditions at any time without providing notice to its users. Your continued use of the Service shall be deemed irrevocable acceptance of those revisions.
Creative Website Applications reserves the right to change, modify, suspend or discontinue any portion of the Website and the Service at any time.
It may also impose limits on certain features or restrict your access to parts or the entire Website or Service without notice or liability.
Article 1 Definitions
In these General Conditions the following definitions are being used, singular as well as plural.
1.1 Account: refers to the ability to use the Service;
1.2 Annex: refers to an annex to these General Conditions
1.3 CWA: the private company with limited liability Creative Website Applications B.V., having its registered offices at Anna van Renesseplein 8 (1911KN) Uitgeest, the Netherlands.
1.4 General Conditions: these general terms and conditions, irrespective of the form in which these general terms and conditions are presented to the User;
1.5 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how contained in or relating to the Website and the Services.
1.7 Password: refers to a code, assigned to User by CWA, which, in combination with the User ID, gives User access to its Account;
1.8 Advertisement: all information, including but not limited to texts, photo's, video's, contact details and escort information, related to the User and registered by the User on the Website;
1.9 Service: the service of CWA on its Website including, but not limited to, the registration of profiles in Advertisements, the creation of video message profiles, the automated search in database of Advertisements, the exchange of messages with other Users;
1.10 User: the natural person of full age with whom CWA has entered into an agreement and/or who uses the services on the Website for private, non-commercial purposes;
1.11 User ID: refers to an identification code, assigned to User by CWA, which in combination with the Password, gives access to its Account;
1.12 Website: the websites of CWA, including but not limited to www.escortdate.com.
Article 2 General conditions
2.1 The General Conditions shall cover and form part of all offers, proposals, agreements and other juristic acts, either made orally, in writing, electronic or in any other form, concerning Users use of the Website and the deliverance of Services by CWA to User.
2.2 All offers of CWA shall be without any obligation unless explicitly otherwise stated in writing.
2.3 An agreement shall have been concluded as soon as CWA accepts the User's order by e-mail or written confirmation, or on the moment CWA starts executing the User's order. CWA has the right to reject User's order, for example in the event that the information provided by User is untrue, inaccurate, incomplete or not current. Users are advised to postpone the payment for the Service until they received the confirmation of the acceptance.
2.4 Deviations from the General Conditions shall only apply if and to the extent that they have been explicitly agreed upon in writing between CWA and the User.
2.5 If and to the extent that any provision contained in these General Conditions should prove not valid for whatever reason, the other provisions of these General Conditions shall remain in full force and effect. CWA and the User shall negotiate a new provision that shall approximate the contents and the scope of the original provision as closely as possible.
Article 3 Services
3.1 On its Website CWA provides facilities for Users to get in contact with each other for the offering and the use of massage and escort services. The Website and the Service is for the personal use of individual Users only and may not be used in connection with any commercial endeavors.
3.2 CWA makes every reasonable effort to ensure that all information made available on its Website is accurate. However the Website and the information available on the Website are provided on an 'as is' and 'as available' basis. CWA makes no representation or endorsement about the suitability or accuracy of the Website, the Advertisements and other information. CWA disclaims all warranties, either express or implied, including but not limited to, warranties of condition, quality, fitness for a particular purpose and non-infringement of third party rights.
3.3 All information on the Website with regard to the Advertisements and (chat) messages comes from third parties (other Users). These third parties are liable for the suitability, timeliness or accuracy of this information. CWA accepts no liability for the information of these third parties.
3.4 CWA shall endeavour to provide the Services and the Website with minimum disruptions. However CWA cannot guarantee that the Website and the Services will always function without disruptions, delay or other imperfections. CWA is entitled, without any liability, to refuse, limit, suspend and/or interrupt the Services and the Website, for any reason whatsoever, at its own discretion and without any notice to User. Furthermore, CWA may change the technical features of the Service and the Website in order to keep pace with the latest demands and technological developments.
Article 4 User's cooperation
4.1 User guarantees that it will use the Website and the Services in accordance with these General Conditions and the relevant legislation.
4.2 User will at all times provide true, accurate, correct and suitable information and guarantees it is entitled to provide the information to CWA. Furthermore, User guarantees that the information does not infringe upon the (intellectual property) rights of others and that it is not unlawful in any other way.
4.3 User explicitly acknowledges and agrees that its (personal) information provided by itself on the Website will be provided to other Users.
4.4 User acknowledges and guarantees to use the Website and Services solely for lawful and personal purposes. In this respect the activities of User through the Service shall not: (i) be false, inaccurate or misleading; (ii) infringe any third party's copyright, neighbouring/related rights, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Furthermore, User guarantees that it will not provide information that:
- is patently offensive to other Users, such as information that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another User;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- displays illegal pornographic or sexually material of any kind;
- provides instructional information about illegal activities; and
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
4.5 Notwithstanding article 11, if any information required for the providing of the Services are not available to CWA, are not in accordance with the arrangements, or if User does not fulfil its obligations in any other way, CWA will be entitled to suspend the provision of the Service.
4.6 User agrees to indemnify, hold harmless and defend CWA at its expense, against any and all third-party claims, actions, proceeding and costs, including but not limited to reasonable attorney's fees, incurred by CWA arising out or relating to its violation of these General Conditions, applicable law, or rights of any third parties and/or the misuse of the Service.
Article 5 User ID, Password and Account
5.1 In order to make use of the Service, CWA will provide User with a User ID, Password and Account.
5.2 User is solely responsible for maintaining the confidentiality of its User ID and Password. User is responsible and liable for all activities conducted through its User ID, Password and Account, even if this occurs without its permission.
5.3 User agrees to immediately notify CWA in writing of any unauthorised and/or fraudulent use of its User ID, Password and/or Account. User agrees to indemnify CWA against any and all third party claims and all related liabilities arising out of, or relating to, the use of its User ID, Password and Account.
5.4 CWA reserves the right to change its User ID or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of the Service.
Article 6 Personal data
6.1 CWA is committed to respecting the privacy and the confidentiality of the personal data of its Users. The Privacy Statement, published on the Website and inserted in Annex 1, applies to the use of personal data, as well as the confidential information.
6.2 User acknowledges and agrees that it will receive personal data of other Users. User will at all times take all reasonable steps to protect and maintain this personal data confidential.
Article 7 Intellectual Property Rights
7.1 User acknowledges and agrees that any and all IP Rights are and shall remain the exclusive property of CWA and its licensors. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, User. User is only entitled to the limited use of the IP Rights granted to it in this Agreement. It will not take any action to jeopardize, limit or interfere with the IP Rights. User acknowledge and agree that any unauthorized use of the IP Rights is a violation of this General Conditions as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
7.2 User will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or CWA's rights and ownership thereof.
7.3 User understands and agrees that by submitting (the content of) the Advertisement to the Website, he automatically grants (and he represents and warrants that he has the right to grant) to CWA:
a) a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of and display it on the Website, to use it in the Servic and to use it for CWA's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
b) that other Users are granted a non-exclusive license to access its Advertisement through the Website, and to use such Material as permitted through the functionality of the Website and under these General Conditions.
c) the perpetual and irrevocable right to delete the Advertisement from CWA's servers and from the Website, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party;
d) a non-exclusive right and license to copy, analyze and use any of (the content of) the Advertisement as CWA may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service and
e) the right to use Users name, likenesses and biographical material in connection with the distribution, exploitation, marketing and promotion of the Website, the Service and/or the Advertisements.
Article 8 Tariffs and payment
8.1 For the Services, User will pay CWA the tariffs as stated on the Website. Unless stated otherwise, all tariffs and charges shall be stated in Euros and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
8.2 CWA reserves the right to change the tariffs at any time by giving notice on the Website. If User does not wish to accept such adjustment of tariffs, User is entitled to terminate its Account, by written notice, with effect from the date on which the adjustment of tariffs would become effective. User agrees that by continuing to use Service following the adjustments of the tariffs, it accept such adjustments.
8.3 User can only make use of the Service when its Account has a positive and sufficient credit balance.
Article 9 Liability CWA
9.1 In the event of CWA being in breach of any of its obligations under the agreement, CWA will accept liability to pay damages only to the extent as laid down in this article 9.
9.2 CWA can only be held liable for direct damages resulting from an attributable failure to perform its obligations under the agreement. Direct damages in this respect exclusively mean:
a. all reasonable costs incurred by User in order to have CWA perform its obligations under the agreement;
b. all reasonable costs incurred by User in order to prevent or limit any direct damages as meant in this article;
c. all reasonable costs incurred by User in order to establish the nature and scope of the direct damages as meant in this article.
9.3 The direct damages as meant in this article shall be limited to the amount actually paid by User for the Service during the year in which such damages occurs. In no event, however, shall the total compensation for any direct damages exceed 1.500,00 (fifteen hundred euro).
9.4 To the maximum extent permitted by applicable law, in no event shall CWA be liable for any special, incidental or consequential damages whatsoever, even if CWA has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
9.5 The above limitation of liability in article 9.3 shall cease to apply if and insofar as the loss is due to CWA's wilful intent or gross negligence.
Article 10 NOTIFICATION OF ILLEGAL AND UNLAWFUL USE
10.1 CWA investigates all notices of (i) illegal and unlawful use of the Website or Services and (ii) intellectual property right infringements, and will take appropriate actions. If someone believes that a User has acted against the law or that its work has been used or copied in a way that constitutes an intellectual property right infringement and such infringement is occurring on the Website, he may send CWA a notice at
. The notice should contain the following information.
Illegal and unlawful use
(i) a description of the use of the Website or Services that he claims to be illegal or unlawful;
(ii) a description of where the material that he claims is illegal or unlawful is located on Website;
(iii) a description of the applicable laws;
(iv) a statement and evidence that the information in his notice is accurate;
(v) information sufficient to permit CWA to contact him, such as his physical address, telephone number, and email address;
Infringement IP rights
(i) a physical or electronic signature of the intellectual property right owner or person authorized to act on behalf of the intellectual property right owner;
(ii) a description of the work or works that he claims have been infringed and identification of what material in such work(s) is claimed to be infringing;
(iii) a description of where the material that he claims is infringing is located on the Website;
(iv) information sufficient to permit CWA to contact him, such as his physical address, telephone number, and email address;
(v) a statement that he has a good faith belief that the use of the material he identified is not authorized by the intellectual property right owner; and (vii) a statement and evidence that the information in his notice is accurate and, under penalty of perjury, that he is the intellectual property right owner.
Article 11 Term, termination and suspension
11.1 The agreement will have a minimum initial term of one month, unless explicitly stipulated otherwise. After this initial term, User may renew the agreement for a new term with a minimum period of one month, unless CWA terminates the agreement in writing (e.g. by e-mail).
11.2 Notwithstanding any other remedies, CWA may limit User's activity, immediately remove the Account, warn other Users of the actions of User, issue a warning, temporarily suspend, indefinitely suspend or terminate the Account and the agreement and refuse to provide its services to User if: (a) User breaches these General Conditions; (b) CWA is unable to verify or authenticate any information of User; or (c) CWA believes that User's actions may cause financial loss or legal liability for CWA or its Users. User understands and agrees that he shall receive no refund or exchange for any unused payments, any content or data associated with its Account, or for anything else.
Article 12 Governing law
12.1 These General Conditions are governed by the laws of the Netherlands. All disputes that may arise under or in relation with these General Conditions shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.
CREATIVE WEBSITE APPLICATIONS BV
These are the general terms and conditions of Creative Website Applications B.V. having its offices in Amsterdam, the Netherlands. By using Creative Website Applications's Website and Services, you signify your acceptance of the terms and conditions set out herein. Please note that you are not allowed to use the Website and the Service if you have not reached your majority. If you do not agree to these terms and conditions or if you have not reached you majority, please do not use the website and/or services of Creative Website Applications and exit the website immediately.
Creative Website Applications has the right to revise these terms and conditions at any time without providing notice to its users. Your continued use of the Service shall be deemed irrevocable acceptance of those revisions.
Creative Website Applications reserves the right to change, modify, suspend or discontinue any portion of the Website and the Service at any time.
It may also impose limits on certain features or restrict your access to parts or the entire Website or Service without notice or liability.
Article 1 Definitions
In these General Conditions the following definitions are being used, singular as well as plural.
1.1 Account: refers to the ability to use the Service;
1.2 Annex: refers to an annex to these General Conditions
1.3 CWA: the private company with limited liability Creative Website Applications B.V., having its registered offices at Anna van Renesseplein 8 (1911KN) Uitgeest, the Netherlands.
1.4 General Conditions: these general terms and conditions, irrespective of the form in which these general terms and conditions are presented to the User;
1.5 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how contained in or relating to the Website and the Services.
1.7 Password: refers to a code, assigned to User by CWA, which, in combination with the User ID, gives User access to its Account;
1.8 Advertisement: all information, including but not limited to texts, photo's, video's, contact details and escort information, related to the User and registered by the User on the Website;
1.9 Service: the service of CWA on its Website including, but not limited to, the registration of profiles in Advertisements, the creation of video message profiles, the automated search in database of Advertisements, the exchange of messages with other Users;
1.10 User: the natural person of full age with whom CWA has entered into an agreement and/or who uses the services on the Website for private, non-commercial purposes;
1.11 User ID: refers to an identification code, assigned to User by CWA, which in combination with the Password, gives access to its Account;
1.12 Website: the websites of CWA, including but not limited to www.escortdate.com.
Article 2 General conditions
2.1 The General Conditions shall cover and form part of all offers, proposals, agreements and other juristic acts, either made orally, in writing, electronic or in any other form, concerning Users use of the Website and the deliverance of Services by CWA to User.
2.2 All offers of CWA shall be without any obligation unless explicitly otherwise stated in writing.
2.3 An agreement shall have been concluded as soon as CWA accepts the User's order by e-mail or written confirmation, or on the moment CWA starts executing the User's order. CWA has the right to reject User's order, for example in the event that the information provided by User is untrue, inaccurate, incomplete or not current. Users are advised to postpone the payment for the Service until they received the confirmation of the acceptance.
2.4 Deviations from the General Conditions shall only apply if and to the extent that they have been explicitly agreed upon in writing between CWA and the User.
2.5 If and to the extent that any provision contained in these General Conditions should prove not valid for whatever reason, the other provisions of these General Conditions shall remain in full force and effect. CWA and the User shall negotiate a new provision that shall approximate the contents and the scope of the original provision as closely as possible.
Article 3 Services
3.1 On its Website CWA provides facilities for Users to get in contact with each other for the offering and the use of massage and escort services. The Website and the Service is for the personal use of individual Users only and may not be used in connection with any commercial endeavors.
3.2 CWA makes every reasonable effort to ensure that all information made available on its Website is accurate. However the Website and the information available on the Website are provided on an 'as is' and 'as available' basis. CWA makes no representation or endorsement about the suitability or accuracy of the Website, the Advertisements and other information. CWA disclaims all warranties, either express or implied, including but not limited to, warranties of condition, quality, fitness for a particular purpose and non-infringement of third party rights.
3.3 All information on the Website with regard to the Advertisements and (chat) messages comes from third parties (other Users). These third parties are liable for the suitability, timeliness or accuracy of this information. CWA accepts no liability for the information of these third parties.
3.4 CWA shall endeavour to provide the Services and the Website with minimum disruptions. However CWA cannot guarantee that the Website and the Services will always function without disruptions, delay or other imperfections. CWA is entitled, without any liability, to refuse, limit, suspend and/or interrupt the Services and the Website, for any reason whatsoever, at its own discretion and without any notice to User. Furthermore, CWA may change the technical features of the Service and the Website in order to keep pace with the latest demands and technological developments.
Article 4 User's cooperation
4.1 User guarantees that it will use the Website and the Services in accordance with these General Conditions and the relevant legislation.
4.2 User will at all times provide true, accurate, correct and suitable information and guarantees it is entitled to provide the information to CWA. Furthermore, User guarantees that the information does not infringe upon the (intellectual property) rights of others and that it is not unlawful in any other way.
4.3 User explicitly acknowledges and agrees that its (personal) information provided by itself on the Website will be provided to other Users.
4.4 User acknowledges and guarantees to use the Website and Services solely for lawful and personal purposes. In this respect the activities of User through the Service shall not: (i) be false, inaccurate or misleading; (ii) infringe any third party's copyright, neighbouring/related rights, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Furthermore, User guarantees that it will not provide information that:
- is patently offensive to other Users, such as information that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another User;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- displays illegal pornographic or sexually material of any kind;
- provides instructional information about illegal activities; and
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
4.5 Notwithstanding article 11, if any information required for the providing of the Services are not available to CWA, are not in accordance with the arrangements, or if User does not fulfil its obligations in any other way, CWA will be entitled to suspend the provision of the Service.
4.6 User agrees to indemnify, hold harmless and defend CWA at its expense, against any and all third-party claims, actions, proceeding and costs, including but not limited to reasonable attorney's fees, incurred by CWA arising out or relating to its violation of these General Conditions, applicable law, or rights of any third parties and/or the misuse of the Service.
Article 5 User ID, Password and Account
5.1 In order to make use of the Service, CWA will provide User with a User ID, Password and Account.
5.2 User is solely responsible for maintaining the confidentiality of its User ID and Password. User is responsible and liable for all activities conducted through its User ID, Password and Account, even if this occurs without its permission.
5.3 User agrees to immediately notify CWA in writing of any unauthorised and/or fraudulent use of its User ID, Password and/or Account. User agrees to indemnify CWA against any and all third party claims and all related liabilities arising out of, or relating to, the use of its User ID, Password and Account.
5.4 CWA reserves the right to change its User ID or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of the Service.
Article 6 Personal data
6.1 CWA is committed to respecting the privacy and the confidentiality of the personal data of its Users. The Privacy Statement, published on the Website and inserted in Annex 1, applies to the use of personal data, as well as the confidential information.
6.2 User acknowledges and agrees that it will receive personal data of other Users. User will at all times take all reasonable steps to protect and maintain this personal data confidential.
Article 7 Intellectual Property Rights
7.1 User acknowledges and agrees that any and all IP Rights are and shall remain the exclusive property of CWA and its licensors. Nothing in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights in, User. User is only entitled to the limited use of the IP Rights granted to it in this Agreement. It will not take any action to jeopardize, limit or interfere with the IP Rights. User acknowledge and agree that any unauthorized use of the IP Rights is a violation of this General Conditions as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.
7.2 User will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or CWA's rights and ownership thereof.
7.3 User understands and agrees that by submitting (the content of) the Advertisement to the Website, he automatically grants (and he represents and warrants that he has the right to grant) to CWA:
a) a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of and display it on the Website, to use it in the Servic and to use it for CWA's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
b) that other Users are granted a non-exclusive license to access its Advertisement through the Website, and to use such Material as permitted through the functionality of the Website and under these General Conditions.
c) the perpetual and irrevocable right to delete the Advertisement from CWA's servers and from the Website, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party;
d) a non-exclusive right and license to copy, analyze and use any of (the content of) the Advertisement as CWA may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service and
e) the right to use Users name, likenesses and biographical material in connection with the distribution, exploitation, marketing and promotion of the Website, the Service and/or the Advertisements.
Article 8 Tariffs and payment
8.1 For the Services, User will pay CWA the tariffs as stated on the Website. Unless stated otherwise, all tariffs and charges shall be stated in Euros and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
8.2 CWA reserves the right to change the tariffs at any time by giving notice on the Website. If User does not wish to accept such adjustment of tariffs, User is entitled to terminate its Account, by written notice, with effect from the date on which the adjustment of tariffs would become effective. User agrees that by continuing to use Service following the adjustments of the tariffs, it accept such adjustments.
8.3 User can only make use of the Service when its Account has a positive and sufficient credit balance.
Article 9 Liability CWA
9.1 In the event of CWA being in breach of any of its obligations under the agreement, CWA will accept liability to pay damages only to the extent as laid down in this article 9.
9.2 CWA can only be held liable for direct damages resulting from an attributable failure to perform its obligations under the agreement. Direct damages in this respect exclusively mean:
a. all reasonable costs incurred by User in order to have CWA perform its obligations under the agreement;
b. all reasonable costs incurred by User in order to prevent or limit any direct damages as meant in this article;
c. all reasonable costs incurred by User in order to establish the nature and scope of the direct damages as meant in this article.
9.3 The direct damages as meant in this article shall be limited to the amount actually paid by User for the Service during the year in which such damages occurs. In no event, however, shall the total compensation for any direct damages exceed 1.500,00 (fifteen hundred euro).
9.4 To the maximum extent permitted by applicable law, in no event shall CWA be liable for any special, incidental or consequential damages whatsoever, even if CWA has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
9.5 The above limitation of liability in article 9.3 shall cease to apply if and insofar as the loss is due to CWA's wilful intent or gross negligence.
Article 10 NOTIFICATION OF ILLEGAL AND UNLAWFUL USE
10.1 CWA investigates all notices of (i) illegal and unlawful use of the Website or Services and (ii) intellectual property right infringements, and will take appropriate actions. If someone believes that a User has acted against the law or that its work has been used or copied in a way that constitutes an intellectual property right infringement and such infringement is occurring on the Website, he may send CWA a notice at
. The notice should contain the following information. Illegal and unlawful use
(i) a description of the use of the Website or Services that he claims to be illegal or unlawful;
(ii) a description of where the material that he claims is illegal or unlawful is located on Website;
(iii) a description of the applicable laws;
(iv) a statement and evidence that the information in his notice is accurate;
(v) information sufficient to permit CWA to contact him, such as his physical address, telephone number, and email address;
Infringement IP rights
(i) a physical or electronic signature of the intellectual property right owner or person authorized to act on behalf of the intellectual property right owner;
(ii) a description of the work or works that he claims have been infringed and identification of what material in such work(s) is claimed to be infringing;
(iii) a description of where the material that he claims is infringing is located on the Website;
(iv) information sufficient to permit CWA to contact him, such as his physical address, telephone number, and email address;
(v) a statement that he has a good faith belief that the use of the material he identified is not authorized by the intellectual property right owner; and (vii) a statement and evidence that the information in his notice is accurate and, under penalty of perjury, that he is the intellectual property right owner.
Article 11 Term, termination and suspension
11.1 The agreement will have a minimum initial term of one month, unless explicitly stipulated otherwise. After this initial term, User may renew the agreement for a new term with a minimum period of one month, unless CWA terminates the agreement in writing (e.g. by e-mail).
11.2 Notwithstanding any other remedies, CWA may limit User's activity, immediately remove the Account, warn other Users of the actions of User, issue a warning, temporarily suspend, indefinitely suspend or terminate the Account and the agreement and refuse to provide its services to User if: (a) User breaches these General Conditions; (b) CWA is unable to verify or authenticate any information of User; or (c) CWA believes that User's actions may cause financial loss or legal liability for CWA or its Users. User understands and agrees that he shall receive no refund or exchange for any unused payments, any content or data associated with its Account, or for anything else.
Article 12 Governing law
12.1 These General Conditions are governed by the laws of the Netherlands. All disputes that may arise under or in relation with these General Conditions shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.