CIC: Commodore International Corporation and/or its affiliated companies.User or Subscriber: a registered user of the CommodoreWorld™ Service or a buyer of content through the Service.
Service: all available products and/or facilities offered on the CommodoreWorld™ website from time to time.
2.1. These General Terms and Conditions apply to all subscriptions taken out and orders placed with CIC, to the exclusion of any other general terms and conditions.2.2. By taking out a subscription and/or placing an order the User accepts the applicability of these General Terms and Conditions.2.3. CIC reserves the right to modify the General Terms and Conditions from time to time, with or without notification. The latest version of the General Terms and Conditions can be consulted on the CommodoreWorld™ website. The latest version replaces any previous versions. If you use the Service of CommodoreWorld™ again after an amendment to the General Terms and Conditions, for instance by logging in as a subscriber, this implies that you accept the applicability of the General Terms and Conditions. Therefore, CIC recommends that you read the General Terms and Conditions prior to logging in as a subscriber. The amendments take effect after they have been filed with the Trade Register of the Chamber of Commerce of Gooi- en Eemland.2.4. All rights and claims stipulated in these General Terms and Conditions and any possible further agreements with CIC, shall be imposed to the same extent upon intermediaries engaged by CIC and other third parties. 2.5 Different terms and conditions shall only apply to the extent that they have been explicitly accepted by CIC in writing and only with regard to the agreement involved. 2.6 Whenever an agreement is terminated, these General Terms and Conditions shall continue to govern the relationship between the parties to the extent that this is necessary for its completion. 2.7 The User may only invoke stipulations that deviate from and/or constitute an addition to these Terms and Conditions if and insofar as they are included in a written agreement concluded with CIC. In such a case, the stipulations that deviate/constitute an addition to the stipulations of these General Terms and Conditions shall prevail.2.8 CIC shall at all times have the right to transfer, partly or in whole, its rights and obligations arising from agreements. By concluding an agreement with CIC, the User grants permission for this in advance.2.9 Commodore International Corporation is listed in the Trade Register of the Chamber of Commerce Gooi- en Eemland under number 32117534.
3.1 Terms of delivery and/or completion issued by CIC or CommodoreWorld™ shall always constitute a target period and/or target date and never a deadline. 3.2 After the formation of the agreement, agreements and/or commitments made by or on behalf of CIC shall only be binding for CIC if they have been confirmed by CIC in writing. 3.3 CIC reserves the right to refuse requests for a service and the potential User who submitted the request will be notified as soon as possible of such a decision. CIC is not required to state any reason for its refusal.
4.1 All subscriptions (if available and applicable) and offers (if available and applicable) of CIC are without obligation. CIC explicitly reserves the right to modify the prices and other conditions. The modifications will be announced on the CommodoreWorld™ website not later than one month before they come into effect.
4.2 Unless stated otherwise, the prices of products mentioned on the website are in Euros, including VAT.
4.3 Subscriptions are taken out by registering online and become effective upon full payment by the User for the selected Service. Payment can only take place by means of the payment method(s) selected on the CommodoreWorld™ website.
4.4 If a new subscription for a more expensive user package is taken out during the then current subscription period (a so-called Upgrade), the subscription taken out earlier will be cancelled from the time when the new (Upgrade) subscription takes effect. In such a case CIC will offset the amount already paid for the remaining period of the subscription taken out earlier to the first payment for the new (Upgraded) subscription.
4.5 All subscriptions (including the ‘Upgrade subscriptions’) referred to in Article 4.4 can only be taken out via the Internet, under the suspensive condition that CIC approves the subscription. CIC will confirm the subscription by e-mail.
4.6 The subscription is entered into for a period of one (1) month, six (6) or twelve (12) months or, or in the case of a different duration, the period stated on the registration page. The period of the subscription will also be stated on the confirmation of the subscription.
4.7 A subscription can be renewed by means of manual or automatic renewal. The User is required to select an option as part of the registration page.
4.8 The initial subscription period will commence on the day on which the confirmation is sent and shall end on the same day of the following month (or six (6) or twelve (12) months) thereafter, in accordance with the concluded and confirmed subscription period.
4.9 Without prejudice to the stipulations of this Article 4, CIC, may, at its discretion, suspend its obligations arising from the subscription or otherwise to the subscriber with immediate effect by means of a written notification if:
a) the subscriber has died;b) the subscriber fails to fulfil one or more obligations arising from the subscription to CIC, the Terms and Conditions that form part thereof or any other legal relationship (including the registration referred to in Article 4) with CIC, and the subscriber fails to remedy this shortcoming, if it can be remedied, within 4 working days after he/she has been ordered by CIC to do this;c) the bankruptcy, suspension of payments or the participation in a debt settlement arrangement of the subscriber has been applied for or the subscriber signs a settlement with its creditors out of court; if any or more parts of the assets of the subscriber have been attached or if there are other circumstances on the grounds of which CIC suspects that the subscriber will no longer fulfil its (payment) obligations to CIC;
4.10 Subscription fees and/or reimbursements that have already been paid will not be refunded, on the understanding that the compensation referred to in the stipulations of these Terms and Conditions may be deducted from them.
4.11 For the duration of the subscription period, the subscriber must pay the subscription fees stated on the electronic registration page and in the confirmation of the subscription.
4.12 If the subscriber fails to pay by the due date, or if a direct debit mandate issued by the subscriber is not honoured, the subscriber is deemed to be in default by operation of law and is required to pay statutory interest on the outstanding amount from the date of the default, as well as the judicial and extrajudicial collection costs determined at 15 % of the payable amount, but with a minimum of
EUR 10.00. In such a case, CIC is also entitled to suspend the subscription or terminate it with immediate effect without any notice of default being required and to claim payment of the total amount in subscription fees and costs, which the subscriber owes to CIC for the entire subscription period.
4.13 CIC has the right to change the subscription rates and costs, of which changes the subscriber shall be notified in advance. Rate changes shall be communicated via the www.comodoreworld.com website or another designated website. The rates of existing subscriptions will not be changed and the changed rates will apply to the next renewal period or when a new subscription is taken out.
4.14 As mentioned elsewhere in these General Terms and Conditions, CIC has the right to modify the substance of the Service within reasonable limits. This will not result in a change in the subscription, nor may the subscriber terminate the subscription for this reason.
4.15 The subscription is personal and linked to the subscriber. The subscriber may not transfer his rights and/or obligations arising from this agreement to any third party without CIC's written permission, and/or resell the services he/she purchases pursuant to this agreement to any third parties or allow third parties to use the services, unless such use takes place at no cost within the scope of the subscriber's private circle.
5.1 The User will be requested to provide specific registration data and to follow a registration procedure. A precondition for using this website, the facilities and the Service is that all the data communicated by the User, must be true, correct and complete, now and in the future, and reflect the current situation.
5.2 You are under an obligation to notify CIC immediately of any changes relating to your registration as a user. Notifications must be sent to the E-mail address of CommodoreWorld™; the address is provided on this website.
5.3 If in the opinion of CIC, the data is untrue, incorrect, incomplete or not updated or if, in the opinion of CIC, such measures are reasonable for other reasons CIC may deny the User access to the website and/or its resources, facilities and website content and give notice to terminate and/or terminate the User account involved.
5.4 The User him/herself is responsible for both the confidentiality of his/her password, the account number and any other data, as well as for any activities relating to his/her user account. Any unauthorised use of the user account or any other violations of security stipulations must be reported immediately to CIC. The registration, respectively the subscription of a User is linked to his/her person and the User is not authorised to disclose or make available his/her account name, User ID, or password to any other persons. Unauthorised use of the Service may lead to the termination of a subscription without any refund; additional costs for unauthorised use of the Service may be charged.5.5 The personal data CIC receives from the User will be stored in CIC's customer records. CIC will observe the regulations with regard to the protection of personal data (see also the ‘Privacy Statement’ on this website).
5.6 CIC may use the personal and traffic data to send CommodoreWorld™ offers to the User.
5.7 All transactions effected using the combination of the user name and password are deemed to have been effected by the User. Any misuse and inappropriate use of user name and password is for the account of the User.
5.8 The User must immediately report any loss, theft or misuse of the account data by third parties to the CommodoreWorld™ helpdesk. Until the time of the report the User is liable for any damage ensuing from the use made of the account data.
5.9 Some products (for instance films) may be offered, stating an age category. By ordering these products the User declares that his/her age is at least the age mentioned.
5.10 The account data provided by the User to CIC remains the property of CIC.
6.1 Access to this website and use of the Service, including the viewing, downloading, streaming, reproduction, presentation, placement (posting) and publication of data, graphs, images, light images, designs, descriptions, information and text, video, audio, music and sound compositions, utilities, software (including applets) and software compositions, control and other service programs (utilities) as defined below), of the contents of any e-mail newsletter or similar announcements, such as from CIC or in CIC's name with regard to this website and/or the registration of the User, or the passing on of the subscription, as well as any other content on this website, directly created and made available by CIC, companies affiliated to CIC, or their product, support or service provider (hereinafter referred to as: the website content), is prohibited, insofar as it is not explicitly permitted in accordance with these terms and conditions. This applies to the use of any device, including electronic, mechanical, copying, recording and other devices.
6.2 CIC will provide the User limited permission for access to this website and its content and a personal, but not a business right of use for it as a source of support and communication, exclusively for the purposes defined on the website, to the extent that all copyright and other intellectual property rights (if any) with regard to the content of the website are reserved. All other use of the website, including its use for other purposes than those mentioned above, as well as modifications, distribution, transfer and downloading of the website (except for the page caching), republishing or reverse engineering, without prior written permission of CIC is prohibited (to the extent that such a prohibition is not rendered impossible by any applicable law). Permission to use the website does not include, among other things, permission to resell, use for commercial purposes or distribute website content, register and use product, support or service listings, descriptions or prices, nor the derivative use of this website or website content (including ‘framing’), downloading or copying customer data for the benefit of other sales persons, use data mining, robot or similar tools for the collection and extraction of data, use website content in another website, server or computer environment connected to the network or similar use of the website content, which suggests a connection with products, support or facilities of CIC or a company affiliated to CIC, insofar as not agreed explicitly and in writing between the parties involved.
6.3 The User may not use this website or the facilities and Service offered on it in a manner contrary to the applicable law or relevant provisions or in a manner that leads or may lead to damage, interruption or obstruction of this website or its facilities and Service. The User may not access any part of this website or other user accounts or computer systems or networks linked to this website in an unauthorised manner, whether by hacking, password mining or in any other form. The User may not retrieve or attempt to retrieve any personal information about others through this website.6.4 The User is to conduct him/herself in all respects in compliance with that which may be expected from a responsible and prudent User and comply with the applicable statutory regulations and generally accepted rules of conduct when using the Service. In addition to this, the User must at any rate refrain from:
- Uploading any content that infringes upon the intellectual property rights of third parties; - Uploading any content that threatens, offends or disturbs other Users in any way;- Offending, stalking other Users or approaching them in an inappropriate manner and/or harass them in any other way; - Using the functionality of the Service in a way that is prohibited in order to gain an unfair advantage for him/herself or others;- Committing any other offence or any other unlawful act;
CIC has the right to take the Service (temporarily) out of service and / or restrict its use if the User fails to fulfil any obligation to CIC with regard to the Service or acts contrary to these General Terms and Conditions. CIC will notify the User to that effect in advance, unless this cannot be reasonably demanded from CIC. The Service can be put in operation again if the User has fulfilled all obligations within a period determined by CIC. Damage to CIC or third parties caused by violations of this article can be recovered from the User involved. Any costs of putting the Service back into use may be recovered from the User.
7.1 If CIC makes available facilities via this website, this requires that storage capacity be made available on the computer. Therefore, CIC reserves the right to decide to impose restrictions (of a temporary or a non-temporary nature) with regard to storage and to change them by referring to the storage capacity, the time/ the age of the files, the number and/or size of files or other criteria, to be determined at CIC's discretion. Without intending to limit the general nature of the previous paragraph, material that exceeds these limits will be deleted or not accepted for this type of storage. The User is not permitted to resell the storage space offered on this website.7.2 CIC is not liable for any loss, deletion, removal or non-delivery to the intended receiver of the Content of the User, which has been uploaded to this website, irrespective of whether this has been caused by computer viruses, access by unauthorised persons, or in any other way. It is strongly recommended that the User make a back-up copy of all User Content and the User undertakes to do this with regard to all User Content which he/she will be uploading. CIC reserves the right to deny access to this website at any time without warning and to remove Content of the User.
8.1 All the website content and facilities, as well as the Service are provided "as is" and "as available" and CIC excludes -to the maximum extent possible and insofar as this is in compliance with the relevant legal provisions - any explicit or tacit warranty and commitments of any nature (the "Warranties") with regard to the content of the website and the facilities and Service offered therein, including, among others, implied warranties with regard to generally accepted satisfactory quality, fitness for a particular purpose and integrity of the intellectual property of third parties.The following applies, among others:- CIC gives no warranty that the website will be properly available, or available for use in all locations and free of viruses. Persons who access this website and use its content and/or the facilities and Service are responsible for observing all the laws and stipulations that apply to it, including, among others, all the applicable national and local laws and stipulations.
- Although CIC will do its utmost to check whether the entire content of the website is correct, reliable and updated, including, among other things - insofar as relevant - data relating to products, facilities, support and other data and descriptions obtained from third parties, CIC gives no warranty with regard to the correctness of any of these statements on this website. Material, products, support, facilities or information described or referred to on this website may be outdated. CIC does not undertake to update the website content. CIC excludes any liability or responsibility for any error or omission in the content of the website (insofar as such an exclusion is not incompatible with any warranties that have been given and other conditions regarding the sales of CIC's products or services). Any decisions made on the basis of information from website content (or the Content of the User) is for the risk and account of the User.
- CIC gives no warranty that the functions, facilities or Service on this website or other interactions via this website will be available without any interruption, safely and without any errors, that all errors will be corrected or that this website or the server that makes this website available will be free of any viruses or harmful components. CIC and the companies affiliated to CIC are not liable for any damage caused by viruses of whatever nature, that may harm, respectively affect your computer hardware and software or its other capacity because of your access to this website or the use thereof, including, among others, streaming or downloading images, software or other website content. If the website content leads to a service, repair or correction to equipment or data, the User shall pay any ensuing costs. - Information from the website content (and in the Content of the User), does not constitute legal, medical, or financial advice and is therefore not suitable to be relied upon. 'Forward looking statements' (findings regarding the profitability of investments) or similar statements must be regarded as without any obligation. CIC reserves the right not to carry out actions in accordance with such statements.
- The website may contain references to concrete CIC products and facilities that are not immediately available or not available at all in a certain country. In principle, such references should not be interpreted as tacit approvals or warranty statements that such products or facilities will always be available in a certain country. If the applicable law prohibits the exclusion of warranty by CIC as described above, the limitation or exclusion of warranty shall only apply to CIC to the greatest extent permitted under the provisions of such applicable law.
9.1 The User acknowledges that all text, images, user interface, sounds, music, brand names, photos, video or any other material such as for instance, but not limited to: design, structure, coordination, expression, “Look and Feel” and the composition of the available Content on the website (“Content”) are the property of and will be checked by CIC, its affiliated companies and/or third parties. This Content is also protected by copyright, patent rights, trade name right and various other Intellectual and Industrial Property Rights as well as by laws relating to unfair competition.
9.2 The User acknowledges that these rights rest with the entitled parties involved. The User undertakes to refrain from infringing on these intellectual and industrial property rights and indemnifies CIC fully from any possible claims of the entitled parties to CIC and/or any auxiliary persons engaged by it. The User must at any rate not:
a. Make files generally available to third parties, by exchanging, lending or borrowing, leasing or selling them.b. Copy the files partly or in whole or allow them to be copied partly or in whole.c. Cut, delete, modify or harm the licences to play the works included in the files in any other way. d. Change the displayed title. e. Display the titles and/or play them outside the family circle.f. Display the titles and/or play them within the family circle in such a way that the displayed title can be received outside the room where the licensed materials are shown and/or played, in particular any direct or indirect display and/or play by using a closed circuit, cable, glass fibre, hologram, satellite or any substitute for these means or a regular television and/or radio broadcast and irrespective of whether such a display and/or playing takes plays for commercial purposes or not.
9.3 You acknowledge that all the rights of the Content offered by CIC via the Service rest with third parties. By taking out a subscription to this Service, or by ordering/purchasing, downloading or streaming (a) title(s), you will only acquire the rights listed below:
- when purchasing Content – only the rights mentioned in the ‘check-out’ environment (during payment) before you agree to the desired transaction.- when using Content pursuant to a subscription – only the rights mentioned in the subscription involved.
10.1 CIC has the right to make such technical arrangements with regard to the Service as CIC deems appropriate at any time. In this context, CIC reserves the right (among others) to implement changes relating to procedures and technical changes and/or improvements with regard to the Service, procedures, rates and other conditions. If any changes have a negative effect on the Service, CIC will endeavour to inform the User about this.
10.2 CIC will endeavour to offer the greatest possible availability of the Service. However, CIC cannot guarantee that the Service will at all times operate without any restrictions or faults. CIC aims to repair faults and limitations as soon as possible and to limit any nuisance for the User as much as possible.
10.3 In case of technical problems, CIC shall have the right to block access to (parts of) the Service and/or (parts of) its system and/or interfaces (whether or not temporarily) immediately and at any time it wishes to do this, or to limit the use thereof and/or to take any other measures if this is necessary in CIC's opinion, without notifying the User thereof in advance.
10.4 CIC reserves the right to block access to the (Service and/or (parts of) its system (whether or not temporarily) or to limit the use thereof in connection with service, maintenance and security of the services, if this is necessary in the opinion of CIC. If possible, CIC will notify the User of such measures in a timely manner.
10.5 CIC reserves the right to remove the information posted by the User or terminate access to the Service temporarily or permanently as soon as it learns of any illegal activities or information, and/or is informed of such activities or information by a third party. Any costs related to lifting a block and/or restriction with regard to access to the Service shall be charged to the account of the User.
10.6 The User himself will provide the required power, (telecom) connections, hardware, (the installation of) software and peripheral equipment and other facilities, if necessary, to enable the operation of the Service.
11.1 The User has access to the helpdesk of CommodoreWorld™ (please see the ‘Support' link for the contact data’).
11.2 A User who contacts the helpdesk of CommodoreWorld™ by telephone may be placed in a queue.
11.3 Any costs incurred by the User to reach the helpdesk shall be for the account of the User.
11.4 If a fault and/or another incident, error or defect appears to be the consequence of any act or omission on the part of the User, CIC may charge the costs it has incurred to repair the fault, and/or other incident, error or defect to the account of the User.
11.5 If, as a consequence of a fault, the Service is not available to the User for more than 48 (forty-eight) consecutive hours after CIC has confirmed the fault reported by the User to CIC, CIC shall renew the subscription of the User involved by the number of consecutive days the Service has been unavailable. This shall not apply if the fault appears to be the consequence of any act or omission on the part of the User contrary to the agreement and/or General Terms and Conditions or if it has arisen because of hardware and/or software installed at the User.
12.1. Without prejudice to its other rights, in the event of force majeure CIC has the right, at its discretion, to suspend the performance or provision of the Service and/or to dissolve the agreement without judicial intervention by notifying you of this in writing and without CIC being under an obligation to pay any compensation, unless this would be unacceptable on the basis of reasonableness and fairness in the given circumstances.
12.2. The term force majeure shall be taken to mean any shortcoming that cannot be attributed to CIC, because it cannot be deemed to have been the cause of it, or because it is not for its account pursuant to the law, a legal act or generally accepted standards.
13.1 CIC has the right to terminate the agreement and/or block the access to the Service partly or in whole, whether or not temporarily, with immediate effect, if: a. the User has/appears to have no authority to dispose of property; b. the User is in default with regard to payment; c. the User uses the Service for any other purpose than the one for which it is intended, or in violation of the rights of third parties; d. the User fails to properly or fully fulfil one or more of its obligations to CIC.
13.2 CIC has the right to terminate the agreement and other agreements without further notice of default or judicial intervention with immediate effect in the event that the bankruptcy of the User has been filed for, the User has been placed under tutelage, an administrator has been appointed for the User, the User is eligible for debt remission, and/or if it is plausible that the User will otherwise not fulfil the payment obligations arising from the agreement.
14.1. If CIC allows deviations from these Terms and Conditions, briefly or for a longer period of time, whether tacitly or not , this shall not affect its right to demand immediate and strict compliance with these Terms and Conditions at a later date. You may never derive any right from the fact that CIC applies these Terms and Conditions leniently.
14.2. If any of the stipulations of these Terms and Conditions or any other agreement with CIC are contrary to any applicable legal regulations, the stipulation involved shall be cancelled and replaced by a comparable stipulation, which is permissible by law, to be determined by CIC.
14.3. CIC is authorised to make use of third parties to carry out your order(s).
15.1 CIC is authorised to transfer (any) rights and obligations arising from the agreement, the Service and/or these General Terms and Conditions to a third party without the User's permission.
15.2. The User is not authorised to transfer (any) rights and obligations arising from the agreement, the Service and/or these General Terms and Conditions to a third party without CIC's permission.
16.1 All the rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, shall be governed by Dutch law.
16.2 Any disputes between the parties shall exclusively be submitted to the competent court in the Netherlands, at CIC's discretion.