Terms of Use
Last updated: September 19, 2021
This website (“Web Site”) is provided to you by The Lowlands Company BV , located at Prinsengracht 769, 1017 JZ, Amsterdam, The Netherlands (“The Lowlands Company”)
The following terms of use (“Terms of Use”) govern your access and use of this Web Site. Specific terms and conditions may apply to (i) specific content, data, materials or information included on or made available through this Web Site (the “Content”); and (ii) specific content, data, materials or information that you may upload, transmit and/or publish on the Web Site (“User Content”); and (iii) transactions made through this Web Site. Such specific provisions may be in addition to these Terms of Use or, when and to the extent expressly stated, in lieu of these Terms of Use.
1. Acceptance of the Terms of Use
By accessing or using this Web Site, you expressly accept the Terms of Use and any terms contained or referenced herein or any additional terms set forth on this Web Site. If you DO NOT agree to all of these Terms of Use, DO NOT access or use this Web Site.
2. Modification of the Terms of Use
These Terms of Use may be changed by The Lowlands Company at any time. The amended Terms of Use are effective from the time of posting. By continuing to access or use the Web Site after the posting of amended Terms of Use, you will be deemed to have accepted such amendments. It is recommended that you periodically review the applicable Terms of Use. Different terms of use may apply to other The Lowlands Company websites.
The Lowlands Company reserves the right to discontinue the Web Site or make changes and updates to the Web Site or the Web Site Content at any time without notice. The Lowlands Company reserves the right in its sole discretion and for any reason, at any time and without notice, to restrict, deny or terminate any person’s access to the Website or any part thereof.
3. Privacy Policy
Personal information provided or collected through or in connection with this Web Site will only be used in accordance with The Lowlands Company Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.
4. Disclaimers
ALL INFORMATION (INCLUDING, BUT NOT LIMITED TO, TEXT, IMAGES, GRAPHICS, LINKS AND OTHER MATERIALS) ON THE WEBSITE IS AVAILABLE AS IS AND AS AVAILABLE. THE LOWLANDS COMPANY AND ITS SUBSIDIARIES, AFFILIATES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, NOT EITHER EXPRESS OR IMPLIED THE OPERATION OF THIS WEBSITE, THE CONTENT OR USER CONTENT, TO THE EXTENT PERMITTED BY LAW.
Neither The Lowlands Company nor its subsidiaries, affiliates, partners, licensors, brand licensors and suppliers make any warranties or representations that (i) the Web Site will meet your requirements; (ii) the Web Site will be uninterrupted, timely, secure, or error-free is; or (iii) the results that may be obtained from use of the Web Site (including any information and materials on this Web Site) are true, complete, accurate, reliable, or otherwise meet your requirements.
The Web Site is a public website, therefore your User Content is not protected by confidentiality. Do not post confidential information here.
The Lowlands Company and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers are not liable for any interruption or loss of the Internet, network or “hosting services” and do not warrant that the Web Site or the services that make this Web Site available or electronic communications sent by The Lowlands Company are free from viruses or other harmful elements.
Downloading or otherwise obtaining any material through the use of this Web Site is at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from the download of such materials.
5. Participant
By submitting User Content to the Web Site, you agree that the material is accurate, constructive, relevant and does not contain elements that could be unlawful or otherwise unfit for publication, including but not limited to elements that (1) defamatory or harmful to any person or entity;(2) may cause harm to persons or property or be otherwise incriminating or harassing to any person or organization;(3) may violate any person’s legal rights (including the right on privacy or publicity); (4) be pornographic, lewd, profane, abusive, indecent or threatening; (5) be objectionable on cultural, ethnic or other grounds; or (6) suggest or encourage any illegal activity.
Before submitting any material, you will make all reasonable efforts to detect and remove any viruses or other infectious or destructive features. You also may not send chain letters, pyramid schemes, surveys and job applications through the Web Site. You also may not fake headers or manipulate identifiers or other data to identify the origin of any Content and/or User Content transmitted through our Web Site or manipulate your presence on the Web Site. You must not interfere with or cause disruption to our sites, servers or networks or take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You acknowledge, represent and warrant that the User Content submitted through the Web Site does not infringe any intellectual property right of another, such as but not limited to copyright, trademark or patent, or any obligation of confidentiality.
You acknowledge and agree that any ideas, submissions, comments, or other User Content you submit through the Web Site that are not protected by intellectual property may be used without compensation or imputation by other participants.
You hereby grant The Lowlands Company, its subsidiaries, affiliates, brand licensors and other partners a worldwide, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use the User Content you submit on this Web Site or any other The Lowlands Company website or use, reproduce, create derivative works from, distribute, publicly perform, publicly display, distribute and publish in other The Lowlands Company marketing or public relations materials.
You are solely responsible for your own User Content and the consequences of submitting and/or publishing it. The Lowlands Company may, but is not obliged, to check and monitor the User Content before and/or after submission. However, you acknowledge that it is impossible for us to control and monitor all User Content. The Lowlands Company, its subsidiaries, affiliates, partners, licensors, brand licensors and suppliers assumes no responsibility for the accuracy, completeness, quality or validity of User Content posted on the Web Site by third parties.
The Lowlands Company does not endorse any User Content or any opinion, recommendation or advice expressed therein and The Lowlands Company expressly disclaims any liability in connection with any User Content.
The Lowlands Company has the exclusive right and ability in its sole discretion, for any reason and at any time without notice or consent, to edit and/or delete any other User Content that is offensive, inappropriate or otherwise inconsistent with these Terms of Use. Any user who believes that User Content is objectionable or inappropriate is requested to immediately contact The Lowlands Company by email at [email protected]. Upon receipt of such notice, The Lowlands Company will make every reasonable effort to take such action as The Lowlands Company deems necessary. As this is a manual process, such User Content may not be immediately editable or deleted.
6. Limitation of Liability
IN NO EVENT SHALL THE LOWLANDS COMPANY OR ANY OF ITS SUBSIDIARIES, COMPANIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES OR OTHER DAMAGES, SPECIAL DAMAGES THE ACCESS, USE OF, OR INABILITY OF ACCESS OR USE OF THIS WEBSITE, THE CONTENT OR THE USER’S CONTENT, EVEN IF THE LOWLANDS COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT SUCH DAMAGES DIRECTLY FROM AN IMMEDIATE FAILURE BY THE SIDE OF THE LOWLANDS COMPANY.
If you reside in a country or state that does not allow any of the above exclusions or limitations of liability or any of the exclusions of warranties in Section 4 above, such exclusions and limitations will not apply to the extent that they are not allowed. In such event, the exclusion or limitation will be limited to the maximum extent permitted by applicable law.
7. Third Party Content/Software
The Lowlands Company is in no way responsible for the content of any site owned by a third party that is hyperlinked to the Web Site, whether such hyperlink is provided by the Web Site or by a third party in accordance with this Terms of Use. Any link on the Web Site to another site is not intended to be an endorsement of that other site and no representation or warranty is made as to the accuracy, timeliness or suitability of the content of any site linked to the Web Site and The Lowlands Company accepts no responsibility for this.
All software available for download from or through this Web Site is subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only, making further copies or reproductions or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE APPLY ONLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. THE LOWLANDS COMPANY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
8. Copyright and Trademarks
Copyrights and all other proprietary rights in the Content provided by The Lowlands Company, its affiliates, subsidiaries, brand licensors and/or other partners, the software for managing and publishing the Web Site, the preparation of the data on the Web Site and the format, the order and arrangement of this Web Site, are all property of The Lowlands Company BV and/or its brand licensors, other partners or licensors. All rights in the Content not expressly granted therein are reserved.
All registered trademarks of The Lowlands Company BV and its affiliates are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of The Lowlands Company when referring to our company’s products and services.
9. Proprietary Rights in the Web Site
This Web Site is public in nature and any information submitted on it is deemed to be non-confidential. You acknowledge that the submission of any inventions embodied in any User Content you provide constitutes a “publication” of such invention under applicable patent laws.
You acknowledge that any User Content submitted and/or discussed on the website may be the subject of patents, copyrights, trademarks and other intellectual property rights of The Lowlands Company, its subsidiaries, affiliates, brand licensors, other partners or third parties. If you are considering exploiting any ideas, proposals, suggestions or solutions or other User Content submitted on the Web Site, you are responsible for appropriate clearing of intellectual property before commencing any exploitation.
10. Indemnification and Indemnification
You agree to indemnify and hold harmless The Lowlands Company, its subsidiaries, affiliates, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors in title and assigns from and against all damages, liabilities, costs and expenses (including reasonable attorneys’ and other professionals’ fees and costs of litigation) arising out of the posting, content or transmission of any message, data, material or any other User Content you post on the Web Site or any violation of these Terms of Use by you. In the event of a complaint or legal action arising from a message, or any other User Content posted by you,
If you have a dispute with one or more users, you release The Lowlands Company, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way related to such disputes.
11. Shutdown of the Site
We have the exclusive right to decide to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We do not accept any responsibility or liability for your failure to store or delete Content and/or User Content posted by you on the Web Site.
12. Products
This Web Site may contain references to specific products and services of brands of The Lowlands Company that are not (immediately) available in a particular country. Such reference does not imply any warranty that such products or services will be available at any time in any particular country.
13. Dispute Resolution
These Terms of Use are governed by and construed in accordance with Dutch law. You agree that any dispute, claim, or other action arising out of or in connection with these Terms of Use or your use of the Web Site, including any dispute regarding the existence or validity of these Terms of Use, shall be governed by the exclusive jurisdiction of the courts of Amsterdam, provided that you submit such disputes, claims or other actions exclusively to the courts of Amsterdam.
14. Severability Provisions
If any provision of these Terms of Use is not lawful or enforceable, that provision shall be deemed to be deleted from these Terms of Use, but all other provisions shall remain in full force and effect and the provision deemed not to be legal or enforceable shall be replaced by a provision of similar effect that reflects the original intent of the provision, to the extent permitted by law.
15. No Waiver of Rights
The failure by The Lowlands Company to exercise any right or remedy under these Terms of Use shall not be construed as a waiver of that right or remedy, whether in the present or future actions of any person. Neither the receipt of funds by The Lowlands Company nor any person’s reliance on the actions of The Lowlands Company shall be deemed a waiver of that right or remedy. Only a specific written waiver signed by an authorized representative of The Lowlands Company has legal effect.
16. Headers
The headings above the sections of these Terms of Use are for informational purposes only and do not serve as part thereof nor shall they in any way affect the meaning or interpretation of the Terms of Use.
