1. Introduction

1.1    These terms and conditions shall govern your use of Band-Vans.net.

1.2    By using Band-Vans.net, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use Band-Vans.net.

1.3    You must be at least 18 years of age to use Band-Vans.net; by using Band-Vans.net or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.4    Band-Vans.net uses cookies; by using Band-Vans.net or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

 

2. Copyright notice

2.1    Copyright (c) 2018 Band-Vans.net.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in Band-Vans.net and the material on Band-Vans.net; and

(b)    all the copyright and other intellectual property rights in Band-Vans.net and the material on Band-Vans.net are reserved.

 

3. Licence to use website

3.1    You may:

(a)    view pages from Band-Vans.net in a web browser;

(b)    download pages from Band-Vans.net for caching in a web browser; and

(c)    print pages from Band-Vans.net,

subject to the other provisions of these terms and conditions.

3.2    You may only useBand-Vans.net for your own personal and business purposes, and you must not use Band-Vans.net for any other purposes.

3.3    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Band-Vans.net.

3.4    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from Band-Vans.net (including republication on another website);

(b)    sell, rent or sub-license material from Band-Vans.net;

(c)    show any material from Band-Vans.net in public;

(d)    exploit material from Band-Vans.net for a commercial purpose; or

(e)    redistribute material from Band-Vans.net.

3.5    Notwithstanding Section 3.4, you may redistribute our newsletter in print and electronic form to any person.

3.6    We reserve the right to restrict access to areas of Band-Vans.net, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Band-Vans.net.

 

4. Acceptable use

4.1    You must not:

(a)    use Band-Vans.net in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use Band-Vans.net in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use Band-Vans.net to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Band-Vans.net without our express written consent;

(e)    access or otherwise interact with Band-Vans.net using any robot, spider or other automated means, except for the purpose of search engine indexing; or

(f)    use data collected from Band-Vans.net for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must ensure that all the information you supply to us through Band-Vans.net, or in relation to Band-Vans.net, is true, accurate, current, complete and non-misleading.

 

5. Use on behalf of organisation

5.1    If you use Band-Vans.net or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

 

6. User login details

6.1    If you register for an account with Band-Vans.net, you will be asked to choose a user ID and password.

6.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 15; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3    You must keep your password confidential.

6.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5    You are responsible for any activity on Band-Vans.net arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

7. Cancellation and suspension of account

7.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

7.2    You may cancel your account on Band-Vans.net using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2

 

8. Directory

8.1    We welcome submissions to the directory published on Band-Vans.net.

8.2    Each submission to our directory must be a listing in respect of a business related to our listing categories.

8.3    For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 14 and Section 15, and must comply with the acceptable use rules set out in Section 4.

 

9. Free directory listings

9.1    You may submit a free listing to our directory by following this process: Sign up and choose the free plan.

9.2    If we accept your free directory listing submission, it will remain published on Band-Vans.net indefinitely, subject to termination or deletion in accordance with these terms and conditions.

9.3    We may delete a free directory listing at any time, with or without notice to you.

 

10. Paid directory listings

10.1  You may submit a paid listing to our directory by following this process: Sign up and choose the premium plan.

10.2  If we accept a paid directory submission, it will remain published on Band-Vans.net for the relevant period specified on Band-Vans.net, subject to termination or deletion in accordance with these terms and conditions.

10.3  We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 10.3 before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.

 

11. Prohibited directory submissions

11.1  Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions.

11.2  If we reject or delete a directory submission in accordance with this Section 11, we will not refund any applicable charges.

 

12. Fees

12.1  The fees in respect of Band-Vans.net services will be as set out on the website from time to time.

12.2  You must pay to us the fees in respect of Band-Vans.net services in advance, in cleared funds, in accordance with any instructions on Band-Vans.net.

12.3  We may vary fees from time to time by posting new fees on Band-Vans.net, but this will not affect fees for services that have been previously paid.

12.4  If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. For all payment methods, you as the sender and customer have to pay possible bank fees.

12.5  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

12.6  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

 

13. Our role

13.1  You acknowledge that:

(a)    we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;

(b)    we do not check, audit or monitor the information contained in advertisements or listings;

(c)    we are not party to any contract for the sale or purchase of products, digital products or services advertised or listed on the website;

(d)    we are not involved in any transactions between website users in any way;

(e)    we are not the agents for any website users,

and accordingly we will not be liable to any person in relation to any contract or other arrangement between website users; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract between website users and we will have no obligation to mediate between the parties to any such contract.

 

14. Your content: licence

14.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or Band-Vans.net for storage or publication on, processing by, or transmission via, Band-Vans.net.

14.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.

14.3  You grant to us the right to sub-license the rights licensed under Section 14.2.

14.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 14.2.

14.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

14.6  You may edit your content to the extent permitted using the editing functionality made available on Band-Vans.net.

14.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

15. Your content: rules

15.1  You warrant and represent that your content will comply with these terms and conditions.

15.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

15.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be racist, homophobic, sexist, xenophobic;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence;

(m)   be pornographic;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

15.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

15.5  You must not use Band-Vans.net to link to any website or web page consisting of or containing material that would, were it posted on Band-Vans.net, breach the provisions of these terms and conditions.

15.6  You must not submit to Band-Vans.net any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

16. Report abuse

16.1  If you learn of any unlawful material or activity on Band-Vans.net, or any material or activity that breaches these terms and conditions, please let us know.

16.2  You can let us know about any such material or activity by email or using the “Report Now!” Button on a listing page.

 

17. Limited warranties

17.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on Band-Vans.net;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

17.2  We reserve the right to discontinue or alter any or all of Band-Vans.net services, and to stop publishing Band-Vans.net, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

17.3  To the maximum extent permitted by applicable law and subject to Section 18.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, Band-Vans.net and the use of Band-Vans.net.

 

18. Limitations and exclusions of liability

18.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

18.2  The limitations and exclusions of liability set out in this Section 18 and elsewhere in these terms and conditions:

(a)    are subject to Section 18.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

18.3  To the extent that Band-Vans.net and the information and services on Band-Vans.net are provided free of charge, we will not be liable for any loss or damage of any nature.

18.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

18.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

18.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

18.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

18.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

19. Indemnity

19.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of Band-Vans.net or any breach by you of any provision of these terms and conditions.

 

20. Breaches of these terms and conditions

20.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to Band-Vans.net;

(c)    permanently prohibit you from accessing Band-Vans.net;

(d)    commence legal action against you, whether for breach of contract or otherwise; and/or

(e)    suspend or delete your account on Band-Vans.net.

20.2  Where we suspend or prohibit or block your access to Band-Vans.net or a part of Band-Vans.net, you must not take any action to circumvent such suspension or prohibition or blocking.

 

21. Third party websites

21.1  Band-Vans.net includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

21.2  We have no control over third party websites and their contents, and subject to Section 18.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

22. Trade marks

22.1  Band-Vans.net, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

22.2  The third party registered and unregistered trade marks or service marks on Band-Vans.net are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

 

23. Variation

23.1  We may revise these terms and conditions from time to time.

23.2  The revised terms and conditions shall apply to the use of Band-Vans.net from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

 

24. Assignment

24.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

24.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

25. Severability

25.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

25.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

26. Third party rights

26.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

26.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

27. Entire agreement

27.1  Subject to Section 18.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of Band-Vans.net and shall supersede all previous agreements between you and us in relation to your use of Band-Vans.net.

 

28. Law and jurisdiction

28.1  These terms and conditions shall be governed by and construed in accordance with German law.

28.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Germany.

 

29. Statutory and regulatory disclosures

29.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on Band-Vans.net. We recommend that you consider saving a copy of these terms and conditions for future reference.

29.2  Our VAT number is DE289765388.

29.3  The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.