ARTICLE 1. DEFINITIONS
The definitions below are used in these general terms and conditions and have the following meaning.
- Operator: Dimat B.V. as operator of the website and user of these general terms and conditions, established at De Schans 18-2, 8231KA in Lelystad, registered with the Trade register under the Chamber of Commerce number 63311054.
- User: any natural person who has registered on the website.
- Pro-user: a user as referred to in the previous paragraph who uses the website against payment.
- Website: www.keezers.net.
- Agreement: Any agreement concluded between the user and the operator, regarding:
- the use of the game offer on the website by the user, concluded through registration of the user on the website;
- the additional agreement (package or subscription) that a pro-user has concluded with the operator against payment.
- Package: an additional agreement as referred to in paragraph 5 under b that is concluded for a definite period which will be terminated by law after this definite period has expired.
- Subscription: an additional agreement as referred to in paragraph 5 under b that is concluded for a definite period which will be tacitly extended after this definite period has expired, unless the agreement is cancelled on time.
ARTICLE 2. GENERAL
- These general terms and conditions are applicable on any offer from the operator and any concluded agreement. Any user registered on the website is subject to the provisions in these general terms and conditions.
- Before the user registers on the website, the content of these general terms and conditions is made available on the website in such a way that this can be easily saved by the user on his device.
- If one or more of the provisions from these general terms and conditions are void or invalid, it will not affect the validity of the other provisions. In a relevant case parties are obliged to consult with each order in order to replace the affected provision. By doing so, the purpose and intent of the original provision will be considered as much as possible.
ARTICLE 3. ABOUT KEEZERS.NET AND THE GAME OFFER
- The operator offers a gaming platform on the website. The operator allows the user to participate in the game offer after free registration and to use the free content and other services offered on the website. To use special game functionalities the user can become a pro-user by taking out a package or subscription.
- The gaming platform is given to the user in use under the conditions that are set in these general terms and conditions, under the conditions that are mentioned in the offer and under the conditions that are laid down in the rules of the game published on the website.
- The right of the user to use the game offer, the other content and services on the website depends on the conditions and restrictions specified by the operator. The conditions and restrictions referred to in the previous sentence can be applicable for all users, a group of users or only for individual users.
- The user has no claim against the operator regarding support with the technical configuration of the user's device with which the website is accessed by the user. By means of a forum section on the website, the user is given the opportunity to receive support with respect to possible incorrect functioning of the game, regardless of the underlying cause. The user is not entitled to continuous availability of the telephone number and e-mail address published on the website.
- Free services of the operator that are not necessarily connected to the correct functioning of a paid game offer in the context of a package or subscription, may at any time be restricted, changed or cancelled by the operator. The notification of such actions will always be published on the website.
- In case of subscriptions and packages the paid game offer is given to the pro-user in use "as is"/"as available" when the subscription or package is taken out. Unless explicitly agreed with the pro-user that the paid game offer has unmistakably certain functionalities, the paid game offer is given in use without any type of guarantee. The other party cannot rely on a shortcoming of the operator based on the statement that the paid game offer does not have the functionalities which have not been explicitly agreed. If the operator during the term of the package or subscription implements changes to or restricts the explicitly agreed functionalities of the game offer, to the detriment of the pro-user, the pro-user has the right to cancel the package or subscription with immediate effect against a refund in proportion to the part of the package or subscription that has not been used after the cancellation, without the operator being obliged to further compensate the pro-user.
ARTICLE 4. REGISTRATION
- The use of the game offer on the website is possible after the user has registered on the website. Registration is free and allows the user to use all free services that are offered on the website. After the registration procedure has been completed successfully the user will receive a username and password. With these details the user will always have access to his account on the website.
- Only one account per user is allowed.
- To register, the following data must be entered correctly and completely:
- The first and last name and age of the user;
- The e-mail address of the user. By ticking the box "send me the newsletter (once a month)", the user gives permission for receiving newsletters from the operator. The user can at any desired moment withdrawn this permission in the way indicated by the operator.
- A username. The user cannot claim a certain username. The use of abusive, offensive or other reasonable inappropriate usernames is prohibited. Such at the discretion of the operator. In addition, usernames that indicate links to internet pages and usernames that pretend certain rights of another user are also prohibited. The operator always has the right to refuse, block or remove inappropriate usernames.
- A self-chosen password. The user cannot claim a certain password.
- The user can access his personal account after clicking on the confirmation link in the sent confirmation e-mail. This action unblocks the account of the user. As long as the account is blocked, the user cannot use the offer on the website.
- The user is obliged to keep his registration details to access his account on the website confidentially. All actions that are performed on the account of the registered user, will be charged to this user.
ARTICLE 5. RIGHT TO DISSOLVE WITH PACKAGES AND SUBSCRIPTIONS
- This article is only applicable on packages and subscriptions that have been taken out by pro-users through the website. In such a case there is a remote agreement as referred to in article 6:230g paragraph 1 under e of the Civil Code.
- The pro-user has the right to dissolve the package or subscription within 14 days after this was taken out, without specification of reasons.
- When taking out the package or subscription the pro-user explicitly declares that fulfilment of the package respectively subscription by the operator within the cooling off period of 14 days as referred to in the previous paragraph, will take place at the request of the pro-user.
- The pro-user can exercise his right to dissolve by submitting a request thereto to the operator per e-mail or by using the concept withdrawal form offered by the operator. Once the operator is aware of the intention of the pro-user to dissolve the package or subscription, the operator will confirm the cancellation to the pro-user per e-mail as soon as possible.
- When exercising the right to dissolve after a request as referred to in paragraph 3, the pro-user owes an amount to the operator that is proportional to that part of the package or subscription that has been fulfilled by the operator when the right to dissolve was exercised, compared with the full fulfilment of the package or subscription. The proportional amount that the pro-user owes to the operator is calculated based on the total price as explicitly agreed.
- The operator will refund the amount already received from the pro-user, minus the amount as referred to in the previous paragraph, as soon as possible to the user, though no later than within 14 days after dissolution of the package or subscription.
ARTICLE 6. DURATION AND CANCELLATION OF SUBSCRIPTIONS
- Subscriptions are taken out for the explicitly agreed duration of one, three, six of even twelve months.
- Unless the subscription, conform the provisions in the next paragraph, has been cancelled on time, the subscription will be tacitly extended for an indefinite period after expiry of the agreed definite duration.
- The subscription must be cancelled in the way indicated by the operator, with consideration of a notice period of one month, with the understanding that the subscription, before this is tacitly extended, can be cancelled no later than the day prior to the day on which the subscription would be tacitly extended.
ARTICLE 7. PAYMENT BY PRO-USERS
- Payment for packages and subscriptions must be made through the payment methods indicated by the operator. The pro-user must pay the full amount at once for the entire duration of the package or subscription. The operator is only obliged to make the paid game offer available to the pro-user after the full payment has been made.
- In case of a subscription the pro-user authorises the operator to periodically collect any subsequent payments from the credit card or bank account of the pro-user. In case of cancellation after tacitly extension of the subscription, the pro-user is entitled to a refund of the amount already paid in proportion to the part of the subscription that was not used after cancellation.
ARTICLE 8. INTELLECTUAL PROPERTY
- The game offer on the website and all information published thereon fully belongs to the operator. The user is not allowed to change, copy, publish or otherwise distribute any information on the website. The user undertakes to use the goods protected under the intellectual property of the operator only to the extent necessary in connection with the normal use of the website.
- In case the intellectual property rights of the operator are violated, the operator reserves all rights to which he is entitled by law, including the right to damage compensation and immediate cancellation of the violation.
ARTICLE 9. MISUSE
- Conduct classified as misuse is strictly prohibited. Misuse means, among other things:
- deliberately entering incorrect and misleading information through the website;
- attempts to manipulate the outcome of the game on the website, for example by infringing the software or by using other non-regulatory means;
- deliberately causing malfunctions or defects regarding the website or the game;
- registering multi accounts on behalf of the same user;
- violating other provisions in these general terms and condition or the provisions in the offer on the website.
ARTICLE 10. COMMUNICATION THROUGH THE WEBSITE
- The user guarantees that all the information that he adds to the website, for example to the forum, will not violate any third party rights or any other legal regulation.
- The user is prohibited from violating the privacy of other users of the website.
- The user is prohibited from adding threatening, racist, pornographic, sexually harassing or other socially inappropriate expressions to the website.
- The user is prohibited from distributing viruses, worms, etc. that may influence the functioning of the software and hardware.
- The user is prohibited from retrieving the personal data of other users without the explicit permission of the relevant users.
- The user is prohibited from distributing messages that have the sole purpose of expressing religious, political or philosophical convictions.
- The user is prohibited from blocking communication in any way whatsoever.
- The user is prohibited from conducting surveys or advertising any product or service.
- A violation of the provisions in this article gives the operator the right to close the user's account temporarily or permanently, without the user being entitle to any refund or other compensation, unless this is not fair given the nature and seriousness of the violation.
ARTICLE 11. TERMINATION OF THE AGREEMENT
- The user always has the right to cancel his registration with immediate effect, in the way indicated by the operator in this respect. The operator will delete all the user's data as soon as reasonably possible. By terminating the agreement the user is no longer entitled to use the account and the associated game offer.
- If the user, who uses the website for free, does not register on the website for a prolonged period, the operator is authorised to remove the relevant account. The operator will only proceed with this, if the user has been notified at least once by e-mail message that his inactivity may have the aforementioned consequence as a result.
ARTICLE 12. LIABILITY
- Unless in case of intent or gross negligence of the operator, a claim for damage compensation against the operator, against any companies affiliated with the operator, against third parties that support the operator with the products and services offered by the operator, is excluded.
- The operator is not liable for data loss, consequential damage, losses or lost profits.
- The operator is not liable for the behaviour of other users on the website. The user can submit a complaint per e-mail if he is unpleasantly approached by other users of the website in connection with the services. Furthermore, the user can takes measures himself by "muting" the relevant other user, so the user will no longer receive any messages from the relevant person. For the rest, the operator cannot be involved in the communication problems between users of the website.
- The operator and the companies affiliated with him endeavour to optimise the proper functioning and availability of the website. However, they cannot guarantee that the offer on the website is always available indefinitely or that all facilities on the website will always function without any problems. The operator and the companies affiliated with him do not accept any liability in this respect.
- The operator is not liable for programming errors with regard to the website. Furthermore, the operator is not liable for viruses or other harmful components that damage the user's hardware or software by means of the website or by means of the servers that make the website accessible.
- The operator is not liable for damage as a result of interruption of a game due to a technical malfunction.
- If and insofar as the user violates the provisions in these general terms and conditions, the user is obliged to indemnify the operator against all resulting third party damages and claims. The costs and damage as a result of such a violation, will be for the account of the user.
ARTICLE 13. FINAL PROVISIONS
- If a complaint from the pro-user about the operator cannot be solved in mutual consultation, the user can submit the dispute to the dispute committee via the ODR platform (www.ec.europa.eu/consumers/odr).
- The operator is always authorised to change the content of these general terms and conditions. The changed content of the general terms and conditions will only apply to already registered users if:
- a changed copy of these general terms and conditions have been provided to the user, and;
- the user has subsequently not informed the operator within fourteen days per e-mail that he rejects the applicability of the changed general terms and conditions.