General conditions

1. Definitions

In these General Conditions the following terms have the following meaning, both in the singular and in the plural.

1.1 Account
the user account you set up which enables you to use the Service.

1.2 General Conditions
these general conditions, regardless of the form in which they are announced.

1.3 Appendix
the appendix included in these General Conditions.

1.4 Cybersales
Cybersales Media BV, based in (5347 KD) Oss at Maaskade 1.

1.5 Agreement
the agreement between you and Cybersales on the basis of which you can make use of the Service.

1.6 Content
the Content, including but not exclusively, films, which can be accessed for payment and making use of the Service.

1.7 Service
the service on the Website comprised of the possibility of streaming, downloading or in some other way making use of Content.

1.8 Entitled party
the entitled party with regard to the Content, this can be, e.g., the producer, maker or publisher of the Content.

1.9 Credit
a prepaid credit expressed in euros to make use of the Service and to make use of the Content.

1.10 Password
your password comprised of a combination of numbers or letters, with which you have access, in combination with the user name, to (certain parts of) the Service.

1.11 Website
a website on which Cybersales gives you the option of making use of the Service (including but not limited to www.dvddownload.com).

2. General

2.1
These General Conditions apply to the use of the Website, Service and Content and all offers of Cybersales and Agreements. By making use of the Website, Service and the Content you accept the applicability of these General Conditions.

2.2
Your are responsible for saving and printing the General Conditions, by means of facilities made available on the Website and for the accessibility of the saved copy.

2.3
If and insofar as any provision of the General Conditions is declared void or is nullified, the other provisions of the General Conditions will remain in full effect. Cybersales will then establish a new provision to replace the void/nullified provision, whereby the purport of the void/nullified provision will be observed as much as possible.

2.4
The Content may only be used by persons of 18 or older. In some countries the age for being allowed to make use of this Website is higher. By making use of the Website and the Content offered thereon, you guarantee that you are at least older than 18, or if there is a higher age limit in your country, that you are at least older than this age limit.

3. Making of the Agreement; exclusion of revocation right

3.1
All offers made by Cybersales are without commitment, unless explicitly otherwise indicated. Apparent mistakes or errors in an offer do not bind Cybersales.

3.2
Agreements will only be made at the time that Cybersales has accepted your order or registration by means of an electronic confirmation. Cybersales is entitled to refuse your order or registration, whereby it is under no obligation to state its reasons for doing so. Apparent mistakes or errors in an offer or in the Agreement do not bind Cybersales.

4. Services of Cybersales

4.1
On the Website Cybersales offers you the option, for payment, making use of the Service.

4.2
Cybersales has put together the content of the Website and the Service with the greatest possible care. The Content, including all related information, comes from Entitled Parties. These Entitled Parties can set additional conditions for the use of the Content or limit and determine the scope and the method of use by means of security techniques (DRM technique). Cybersales has no responsibility whatsoever for the (content of the) Content.

4.3
Cybersales offers the Website, the Service and the Content on "as is" basis, with the exclusion of any explicit or tacit guarantees, commitments or indemnifications of whatever nature, including (but not limited to) the exclusion of guarantees with regard to sufficient quality, suitability for a specific purpose or specific age or (intellectual) property rights. In particular, Cybersales does not guarantee that the Content and information on the Website is accurate, complete, suitable and not unlawful or that the Website, the Service or the Content will work without interruption, be free of viruses and other mistakes and/or defects, or that defects can be rectified.

4.4
Cybersales is entitled to (temporarily) decommission or limit the Website and the Service in the event this is necessary, e.g., for the maintenance or adjustment thereof, without customers acquiring any right to compensation from Cybersales in this respect.

5. Services of Cybersales

5.1
In order to make use of the Service you yourself must ensure you have the necessary software, hardware and connections.

5.2
When using the Service you will always comply with the relevant legislation and regulations and the instructions and rules announced by Cybersales.

5.3
You guarantee that your use of the Service is not contrary to the legislation and regulations applicable in the Netherlands, is not contrary to the intellectual property rights of the Entitled Parties, is not unlawful in any other way and that the interests and the good name of (the service of) Cybersales and the Website in particular will not be harmed.

5.4
You fully indemnify Cybersales against all claims of third parties, including Entitled Parties, relating to loss or otherwise, arising in whatever manner due to your use of the Website and the Service, or by the non-performance of your obligations under these General Conditions or acting in contravention thereof.

6. Account and Password

6.1
The use of the Website, and thus also the use of the Account, is strictly personal and not transferrable.

6.2
Cybersales offers you the possibility of creating an Account on the Website. By means of this Account you can, for instance top up your Credit and make use of the Service and order Content.

6.3
In order to be able to make use of the Account you need a password and access code. You are liable for all use of the Website via your Account and the password and access code will be treated confidentially. Cybersales is entitled to change the password of the Account if this is necessary in the interest of the functioning of the Service.

6.4
You fully indemnify Cybersales against all claims of third parties with regard to loss or otherwise, arising in whatever manner due to all use you make, via your Account, of the Website and the Content offered thereon.

7. Prices and payment

7.1
For the use of the Service you will owe the prices set out on the Website. All prices are inclusive of VAT and other charges, unless otherwise indicated. The prices set out on the Website and in advertising can be changed at any time.

7.2
All charges must be paid in advance, unless otherwise agreed in writing. Payment takes place via the payment tools available on the Website or by debiting the agreed amount to your Credit.

7.3
You can top up your Credit by means of the payment tools available on the Website. The Credit is personal and is bound to the Website and the Content offered thereon. You have no right to repayment, to exceed the Credit or to transfer the Credit.

7.4
The payment of the Content and/or the top-up of the Credit can take place by means of various payment tools included on the Website. These payment tools come from third parties, being (financial) service providers. The general conditions and the privacy policy of these (financial) service providers apply to the use of their payment tools. Cybersales advises you to carefully read these conditions and the privacy policy.

7.5
Immediately after the payment or after the Credit has been debited you will receive a conformation from Cybersales with a link to a page on which the Content can be downloaded or streamed. You must use the Content within 24 hours via this page. The page will be deactivated after 24 hours.

8. Account and Password

8.1
The (intellectual property) rights relating to the Website, the Service and the Content belong to Cybersales, its licensors and/or Entitled Parties. The use of the Website, the Service and the Content does not lead to the transfer of (intellectual) property rights.

8.2
With regard to the use of the Content Cybersales grants you a non-exclusive and non-transferrable user right. This user right only encompasses the right to use the Content for your own use. The Entitled Party can make your use of the Content subject to additional conditions or restrictions.

8.3
Except insofar as permitted by mandatory law, you may not make the Website, Service, Content or any content thereof available to third parties, reproduce it, distribute it, change it, decompile it, apply reverse-engineering or incorporate it in another product in any way whatsoever.

8.4
You may not remove indications of Entitled Parties relating to intellectual property rights. In addition, you may not remove or circumvent the security or (technical) restrictions of the Content.

9. Privacy

9.1
Cybersales may collect personal details on the Website. Cybersales ensures that the collection of the personal details satisfies the Personal Data Protection Act.

9.2
The Privacy Policy included in Appendix 1 applies to the use of the personal details and the other details collected by Cybersales.

10. Duration, termination and cancellation

10.1
The Agreement is entered into for an indefinite period of time. You can terminate the Agreement at all times by means of an e-mail to the Cybersales Custer Service.

10.2
Cybersales reserves the right to exclude you from any further use of the Website and the Service, for instance by blocking or closing your Account and cancelling the Agreement, if you:
- act in contravention of these General Conditions or legislation and regulations applicable in the Netherlands;
- infringe the (intellectual property) rights of Entitled Parties; or
- the Service has not been used for more than one year.

Without prejudice to the right of Cybersales to demand full performance of the payment obligation, take further legal measures against you and demand compensation.

10.3
After the termination of the Agreement on the basis of Clauses 10.1 and 10.2 the credit will automatically lapse.

10.4
Without prejudice to the above Cybersales is at all times entitled to terminate the Agreement subject to a notice period of one month. If Cybersales terminates the Agreement on the basis of this clause, it will return the outstanding Credit to the bank account you specify.

11. Notifications of infringement and limitation of liability

11.1
If third parties are of the opinion that infringement is made on the Website of the intellectual property rights to which they are entitled, they can send an e-mail to info@dvddownload.com. The e-mail must be accompanied by further substantiation and evidence. If it is established in Cybersales' opinion that there is an infringement, it will take suitable measures.

12. Liability of Cybersales

12.1
The total liability of Cybersales, under whatever heading, is at all times limited to the compensation of the direct loss to a maximum amount of €50,- (fifty euros) per event, whereby a series of events is deemed one event.

12.2
Direct loss exclusively means:
- the reasonable costs which you have had to make to have Cybersales perform its obligations under the Agreement;
- reasonable costs which you have incurred to prevent or limit the direct loss referred to in this clause; and
- reasonable costs you have had to make to determine the cause and scope of the direct loss.

12.3
Every liability of Cybersales for indirect loss, including but not limited to consequential loss, loss of profit and loss of turnover, is excluded.

12.4
Cybersales is never liable for loss caused by third parties, whether or not they make use of the Website.

13. Notifications of infringement and limitation of liability

13.1
Cybersales is entitled to change the General Conditions. You will be notified of the change via the Website.

13.2
The Website contains references (e.g. by means of a hyperlink, banner or button) to websites of third parties. Cybersales has no control over these websites. Cybersales is not responsible for the content of these websites.

13.3
The Agreement is governed by Dutch law.

13.4
All disputes which might ensue from the Agreement will be presented to the competent court in 's-Hertogenbosch.

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