By visiting Never Was (“the website”), you are bound by and agree to abide the following Terms and Conditions. We reserve the right to change these at any time and you agree to be bound by any such changes by continuing to use the website. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the website shall be subject to these Terms and Conditions.
In these Terms and Conditions and in our Privacy Policy “we”, “us” and “our” means Never Was and “you” means the individual who is using the website.
Use of the Website
The website is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the website you agree to be bound by these Terms and Conditions. All orders and purchases made on the website will also be governed by these Terms and Conditions.
Availability of the Website
Although we aim to offer you the best service possible, we make no promise that the services at the website will meet your requirements. We cannot guarantee that the service will be fault free.
Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to minimize the periods during which access to the website is restricted for these reasons.
Provision of Information
When you leave a comment at the website or contact us you will need to provide your name and email address. You must ensure that the details provided by you at any time are correct and complete.
Excluded Services
The services provided by the website do not include the provision of computer or other necessary equipment to access the website. To use the website you will require Internet connectivity and appropriate telecommunications links. We shall not be liable for any telephone or other costs that you may incur.
Our Intellectual Property Rights
We, or people we have contracted with, own or are licensed to use the copyright, database rights or similar rights and information within the website. You are free to share content from our website when you give due credit in the form a hyperlink to the original source. You are not free to share content from our website for commercial purposes without permission.
Limitations
You may not use the website for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, otherwise objectionable material;
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
- Gaining unauthorized access to other computer systems;
- Interfering with any other person’s use or enjoyment of the website;
- Breaching any laws concerning the use of public telecommunications networks;
- Interfering or disrupting networks or websites connected to the website; and
- Making, transmitting or storing electronic copies of the materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
- Any claim by any third party that the use of the website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- Any claim by any third party that the use of the website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
- Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the website by you.
Comment Policy
Comments may be blocked, edited or removed at the discretion of the editors.
Liability
The website is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The website provides content from other Internet sites or resources and while we try to ensure that the material included on the website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
We will not be responsible for any errors or omissions or for results obtained from the use of such information or for any technical problems you may experience with the website. If we are informed of any inaccuracies in the material on the website we will attempt to correct the inaccuracies as soon as we reasonably can.
You agree that we will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the website.
Advertising and Sponsorship
Part of the website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship.
Governing Law
These Terms and Conditions are governed and construed in accordance with the laws of the Netherlands. You agree that the Dutch court shall have exclusive jurisdiction but we may use another court if we choose.
If you choose to access the website from locations outside the Netherlands, you do so on your own initiative and are responsible for compliance with local laws.
The comments and information contained on this web site do not constitute advice and you should not rely on any content on this web ite to make (or refrain from making) any decision or take (or refrain from taking) any action.
We do not make any warranty or representation as to the accuracy or fitness for purpose of any material on the website or the reliability of the access to it.
This website contains comments, information and material submitted and created by third parties. Never Was does not endorse and has no control over this content. This content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of Never Was. We exclude all liability for any illegality arising from error, omission or inaccuracy in such material and we take no responsibility for such material. We make no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other users of the site. We are not responsible for the conduct, whether online or offline, of any user of the website.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its and our control.