LAS MODIFIED: February 16, 2024

These Terms of Use constitute a legally binding agreement between you, personally or on behalf of an entity (“you”) and Media Masters (“Company,” “we,” “us,” or “our”), regarding your access to and use of the https://www.milanhof.com website and any other media forms, media channels, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplementary terms and documents posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason at our sole discretion. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

 

The Site is intended for users who are at least 13 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before you use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Netherlands, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Digital Millennium Copyright Act (“DMCA”)

Media Masters respects the intellectual property rights of others. Pursuant to the DMCA, Media Masters will respond promptly to claims of copyright infringement on the Site that are submitted to Media Masters copyright agent as described below. Upon receiving a notice alleging copyright infringement, Media Masters will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyrighted content.

 

If you believe that your intellectual property rights have been violated by Media Masters or by a third party who has uploaded material to our website, please provide the following information to the designated Copyright Agent listed below:

 

A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Media Masters, can contact you; A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law; A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; Your electronic or physical signature. Media Masters may request additional information before removing any allegedly infringing material. In the event that Media Masters removes the allegedly infringing materials, Media Masters will immediately notify the person responsible for posting such materials that Media Masters has removed or disabled access to the materials. Media Masters may also provide the responsible person with your email address so that the person may respond to your allegations.

 

Pursuant to 17 U.S.C. 512(c), Media Masters has designated the following copyright agent:

 

Milan Hof

 

 Email: Support@milan hof.com

 

Mailing Address: Rubensstraat 7, Twello, Netherlands

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not younger than 13 years old; (3) you are not a minor in the jurisdiction where you reside, or if you are a minor, you have permission from your parent or guardian to use the Site; (4) you will not access the Site through automated or non-human means, such as bots, scripts, or otherwise; (5) you will not use the Site for illegal or unauthorized purposes; and (6) your use of the Site does not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

  1. Systematically gather data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
  2. Mislead, deceive, or defraud us or other users, especially in an attempt to obtain sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, defame, or otherwise harm us and/or the Site in any way, in our opinion.
  5. Use information obtained from the Site to harass, abuse, or harm another person.
  6. Use the Site in a manner that violates any applicable laws or regulations.
  7. Advertise or sell goods and services on the Site.
  8. Upload or transmit viruses, Trojan horses, or other material (or attempt to upload or transmit), including excessive use of capital letters and spamming (continuously posting repetitive text), that disrupts or interferes with the uninterrupted use and enjoyment of the Site by any party, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  9. Engage in automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data collection and extraction tools.
  10. Remove any copyright or other proprietary rights notice from any Content.
  11. Attempt to impersonate another user or person or use another user’s username.
  12. Sell or otherwise transfer your profile.
  13. Upload or transmit (or attempt to upload or transmit) material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  14. Disrupt, interrupt, or impose an unreasonable burden on the Site or the networks or services connected to the Site.
  15. Harass, annoy, intimidate, or threaten our employees or agents involved in providing any portion of the Site to you.
  16. Attempt to bypass measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
  17. Copy or adapt the software of the Site, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Decipher, decompile, disassemble, or reverse-engineer any software that is part of or in any way a part of the Site.
  19. Use any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software, except as a result of standard search engine or internet browser usage.
  20. Use a purchasing agent or purchasing agent to make purchases on the Site.
  21. Make unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
 

USER GENERATED CONTRIBUTIONS

 
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, images, comments, suggestions, or personal information or other material (collectively “Contributions”). Contributions may be visible to other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you thereby represent and warrant that:
 
  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not infringe upon the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of, or have the necessary licenses, rights, permissions, releases, and consents to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use the name or likeness of each such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate for the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain material that solicits personal information from anyone under 18 years of age or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law regarding child pornography or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or physical disability.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
  15. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

License for Contributions

 
By posting your contributions on any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license and rights to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to create derivative works of, or incorporate into other works, such contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.
 
This license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, if applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
 
We do not claim ownership over your contributions. You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your contributions provided by you in any area on the Site. You are solely responsible for your contributions to the Site, and you expressly agree to indemnify us from any responsibility and to waive any legal action against us regarding your contributions.
 
We have the right, at our sole discretion, (1) to edit, modify, or otherwise alter any contributions; (2) to recategorize any contributions to place them in more appropriate locations on the Site; and (3) to screen or remove any contributions at any time and for any reason, without notice. We are not obligated to monitor your contributions.
 

GUIDELINES FOR REVIEWS

 
We may provide areas on the Site for you to leave reviews or ratings. When posting a review, you must adhere to the following criteria: (1) you must have personal experience with the person/entity being reviewed; (2) your reviews must not contain offensive language, insults, racism, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not reference illegal activities; (5) you must not be affiliated with competitors when posting negative reviews; (6) you must not draw conclusions about the legality of behavior; (7) you must not make false or misleading statements; and (8) you must not organize campaigns encouraging others to leave reviews, positive or negative.
 
We reserve the right to accept, reject, or remove reviews at our discretion. We are not obligated to screen or remove reviews, even if someone finds them offensive or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of our affiliates or partners. We assume no liability for any reviews or any claims, liabilities, or losses arising from any review. By posting a review, you grant us an eternal, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit in any manner, display, perform, and/or distribute all content related to reviews.
 

SUBMISSIONS

 
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to such Submissions, and you warrant that such Submissions are original to you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
 

THIRD-PARTY WEBSITES AND CONTENT

 
The Site may contain links to other websites (“Third-Party Websites”) or you may be referred to Third-Party Websites through the Site, as well as articles, photos, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or controlled by us for accuracy, appropriateness, or completeness, and we are not responsible for Third-Party Websites accessed through the Site or for Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of Third-Party Websites or Third-Party Content does not imply endorsement or approval thereof by us. If you decide to leave the Site and access the Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be made through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you indemnify us from any damages caused by your purchase of such products or services. Additionally, you indemnify us from any losses you incur or damages you suffer in connection with or as a result of Third-Party Content or any dealings with Third-Party Websites.
 

MANAGEMENT OF THE SITE

 
We reserve the right, but are not obligated, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including but not limited to reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) at our sole discretion and without notice or liability, remove or otherwise disable files and content that are excessive in size or burden our systems from the Site; and (5) manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
 

PRIVACY POLICY

 
We value data privacy and security. Please review our Privacy Policy: Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be aware that the Site is hosted in the Netherlands. If you access the Site from another region of the world with laws or other requirements governing data collection, use, or disclosure that differ from applicable laws in the Netherlands, then by continuing to use the Site, you consent to the transfer of your data to the Netherlands and processing of your data there. Furthermore, we do not knowingly solicit, collect, or recruit information from children or knowingly target children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the required and verifiable parental consent, we will delete that information from the Site as soon as reasonably practicable.
 

DURATION AND TERMINATION

 
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE OR SUSPEND YOUR USE OR PARTICIPATION IN THE SITE AT ANY TIME WITHOUT NOTICE OR LIABILITY, OR REMOVE ANY CONTENT OR INFORMATION THAT YOU POSTED, AT OUR SOLE DISCRETION.
 
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive redress.
 

CHANGES AND INTERRUPTIONS

 
We reserve the right to modify, change, or remove the content of the Site at any time or for any reason at our discretion without notice. However, we are not obligated to update any information on our Site. We also reserve the right to modify or discontinue the Site entirely or partially without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
 
We cannot guarantee that the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we shall not be liable in any way for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use shall be interpreted as an obligation for us to maintain and support the Site or to provide any corrections, updates, or releases in connection therewith.
 

APPLICABLE LAW

 
These Terms of Use and your use of the Site shall be governed by and interpreted in accordance with the laws of the Netherlands, applicable to agreements made and to be entirely performed within the Netherlands, without regard to its conflict of law principles.
 

DISPUTE RESOLUTION

 

Informal Negotiations

 
To expedite the resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively the “Disputes”) brought by you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
 

Binding Arbitration

 
If for any reason a Dispute proceeds in court rather than in arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the Netherlands, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
 
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
 

Limitations

 
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or other persons.
 

Exceptions to Informal Negotiations and Arbitration

 
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
 

CORRECTIONS

 
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
 

DISCLAIMER

 
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY LINKED WEBSITES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
 

LIMITATION OF LIABILITY

 
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS OF USE SHALL BE INTERPRETED AS LIMITING OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHICH SHALL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT, IF ANY, PAID BY YOU TO US OR $500.00 EURO. CERTAIN LAWS OF THE NETHERLANDS AND INTERNATIONAL LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 

INDEMNIFICATION

 
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of any third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. However, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
 

USER DATA

 
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 
Visiting the Site, sending us emails, and filling out online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
 

MISCELLANEOUS

 
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any defense based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
 

CONTACTING US

 
To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
 
Support@milanhof.com
 
Media Masters
 
Twello
 
Netherlands
 
Rubensstraat 7