// Terms of Service

These Terms of Service (“Terms”) govern your use of websites, stores, campaign tools, fan clubs, live events, social media accounts, or similar technologies operated by or on behalf of Benjamin Herman (“us,” “we,” “our”). We refer to all of these together as our “Services”.

By accessing or using the Services, including making a purchase, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have our permission to access or use the Services.

Please read these Terms carefully as they contain important information regarding limitations of our liability to you related to your use of the Services or Services. Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Services.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided.

Our collection and use of personal information about you in connection with the Services, including purchases you make, is described in our Privacy Policy.

General Terms

The Services are intended for people who are 13 years old or older. If you are under 18 you must obtain the permission of your parent or guardian in order to use the Services. Parents or guardians who agree to allow their child to use the Services are agreeing to be bound by these Terms and must supervise the child’s use of the Services.

The Services may not be used for any illegal or unauthorized purpose or used to violate any laws in your jurisdiction.

Your authorization to use the Services is conditioned on your compliance with these Terms. If you breach or violate these Terms your authorization and any licenses to use the Services are immediately terminated and you must cease all use of the Services. We reserve the right to terminate or refuse to allow your use of the Services at any time for any reason.

Mobile messaging program terms

We may offer an SMS and/or MMS text messaging service (“Mobile Program“). By consenting to the Mobile Program you agree to receive recurring SMS/text message updates, offers, abandoned shopping cart messages, and other relevant information from us at the mobile number you provided during the registration process even if your mobile number is registered on any state or federal Do Not Call list. Mobile Subscribing to the Mobile Program may require response to an initial message to complete registration and confirm enrollment. Program messages may be sent using an automatic telephone dialing system or similar technology.

You acknowledge and agree that you are not required to sign up for the Mobile Program in order to make purchases or otherwise access or use the Sites. Your consent to the Mobile Program is not a condition of any purchase and participation in the Mobile Program is completely voluntary.

We do not charge for the Mobile Program unless such charges are specifically disclosed and you agree. The Mobile Program may include opportunities to make purchases. You are responsible for any such charges. You are responsible for all charges and fees imposed by your wireless carrier.

Mobile Program message frequency varies. Message and data rates may apply to messages sent or received under the Mobile Program, including any confirmation, notification, or Mobile Program administration messages.

Mobile Program-related administration messages may include updates, alerts, or information such as order status, account alerts, or similar. Marketing messages may include personalized offers, promotions, abandoned shopping cart reminders, or similar.

You may opt out of the Mobile Program at any time by texting “STOP” to the telephone number associated with the Mobile Program or by clicking an unsubscribe link if provided. If you cancel your subscription a final message confirming your cancellation will be sent.

For customer support information text “HELP” to the telephone number associated with the Mobile Program or emailing info@benjaminherman.nl.

Our privacy practices are set forth in our Privacy Policy. Marketing messages, including abandoned shopping cart messages, may use any information collected about you as disclosed in our Privacy Policy to connect your activity across the Sites and personalize messages sent to you.

To the extent permitted by applicable law, you agree that we are not liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Program.

We may change the telephone number or short code used to operate the Mobile Program at any time. We will notify you of any such changes. You acknowledge that any messages sent to a telephone number or short code no longer used by the Mobile Program may not be received. We are not responsible for honoring requests sent to prior Mobile Program telephone numbers.

Accounts

When you create an account on the Services, you represent that you are 18 years of age or older or have the permission of your parent or guardian, and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through your account on the Services.

Comments and Uploaded Content

By submitting a comment or uploading content onto the Services, you grant Benjamin Herman a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto the Services, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on the Services:

Content that harasses others;
Content that is discriminatory or offensive;
Swearing, name calling and otherwise abusive content;
Pornographic and sexually explicit content;
Content displaying, depicting or suggesting violence;
Content that exploits or abuses children;
Content encouraging or committing illegal acts;
Content sharing personal information without consent;
Content infringing on someone’s rights, including intellectual property rights;
Content advertising products or services without our permission;
Content whose purpose is spamming others.

Prohibited Uses

You agree that you will use the Services in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of the Services. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate us or our agents, employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Services, or which, as determined in our sole discretion, may harm us or the users of the Services or expose us or other users to liability;
Using the Services in any manner that could disable, overburden, damage or impair the Services or interfere with another party’s use of the Services;
Using any robot, spider or other similar automatic technology, process or means to access or use the Services for any purpose, including monitoring or copying any of the material on the Services;
Using any manual process or means to monitor or copy any of the material on the Services or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Services, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Services, the server(s) on which the Services is stored, or any server, computer or database connected to the Services;
Attempting to attack or attacking the Services via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Services;
Using the Services in any way that violates any applicable federal, state or local laws, rules or regulations.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on the Sites. We may experience delays in updating information on the Sites and in our advertising on other websites. The information, products and services found on the Sites may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Sites. The inclusion or offering of any product or service on the Sites does not constitute an endorsement or recommendation of such product or service by us.

Links to third party websites

The Sites may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from the Sites or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

No Warranties

THE SERVICES AND PRODUCTS DISPLAYED OR SOLD ON THE SERVICES ARE PROVIDED “AS IS”. EXCEPT AS REQUIRED BY LAW, NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE SITES OR ANY PRODUCTS OR SERVICES DISPLAYED OR SOLD ON THE SERVICES, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Limitation of Liability

WE SHALL NOT BE LIABLE TO YOU FOR SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THESE TERMS OR ANY TERMINATION OF THESE TERMS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, EVEN IF WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY ROYALTIES, FEES, PAYMENTS, OR ROYALTIES THAT ARE DUE FOR ANY USE OR MISUSE OF YOUR CONTENT, WHETHER PURSUANT TO AN EXISTING, EXPIRED, OR TERMINATED AGREEMENT WITH US OR OTHERWISE. OUR TOTAL LIABILITY TO YOU FOR ANY BREACH OF THESE TERMS SHALL IN ALL INSTANCES BE LIMITED TO THE AMOUNT ACTUALLY PAID TO YOU BY US FOR THE DISTRIBUTION OR LICENSING OF YOUR CONTENT DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM AGAINST US.

Maximum Limitation Allowable by Law. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES YOU AGREE THAT OUR LIABILITY TO YOU SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT WE CAN ONLY OFFER OUR SERVICES TO YOU ON THE BASIS THAT OUR LIABILITY IS LIMITED AND SUCH LIMITATION IS A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN YOU AND US.

Indemnification

Indemnification by Customer. You agree to indemnify, defend, and hold harmless us and our employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Indemnified Parties”) from any damage, loss, or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought against any of the Indemnified Parties arising out of your use of the Services or any breach or alleged breach of these Terms or any of the warranties, representations, covenants, or agreements made by you. Such Claims may include, but are not limited to any act, error, or omission by you, any Authorized User, or any other person under your direction or control.

Claims Procedure. In the event of an indemnifiable Claim, the indemnified party shall notify the indemnifying party in writing within 30 days of becoming aware of a Claim and provide the indemnifying party, at the indemnifying party’s expense, any and all reasonable assistance requested in defending against the Claim. The indemnifying party may have sole control of the defense or settlement of Claims. The indemnifying party shall not accept any Claim settlement without the prior consent of the indemnified party that (i) imposes an obligation on the indemnified party; (ii) requires the indemnified party to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on the indemnified party.

Reimbursement on Demand. You agree to reimburse us, on demand, for any payment made by us at any time with respect to any Claims to which the foregoing indemnity applies. Pending the resolution of any claim, demand, or action, we may, at our election, withhold payment of any monies otherwise payable to you hereunder in an amount which does not exceed your potential liability to us pursuant to this indemnity clause.

Intellectual Property

All contents on the Services are the property of us, our affiliates, or third-party licensors. All rights reserved. Unless specified otherwise, the Services and all content, digital products, and other materials on the Services or part of physical products including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the property of us and are either copyrights, registered trademarks, trademarks or otherwise protected intellectual property of us or third parties in the United States, United Kingdom, Canada, Australia, European Union and/or other countries.

As between us and you, all right, title, and interest in the Services is our exclusive property, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. These Terms includes specific, limited grants of rights to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by us.

For digital products and subscriptions, and upon our acceptance of your order according to these Terms, we grant you a personal, non-exclusive, non-transferable license to use the product or subscription in accordance with these Transaction Terms and for personal, non-commercial purposes.

Unless expressly provided otherwise, you may not modify, create derivative works of, reproduce, distribute, broadcast or re-broadcast, sell, or otherwise exploit the Content or any digital product in any way, in whole or in part, directly or indirectly. You may not modify, disassemble, decompile, reverse engineer, or disable any part of the Services or Content.

You may not transfer, sell or offer to sell Content, including digital products, including by posting Content or digital products for sale, auction, or exchanging the Content or digital products for consideration of any kind.

DMCA Notice Procedure

If you are aware of a potential infringement of our intellectual property, please contact Support at info@benjaminherman.nl.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Sites infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on the Sites.

You may submit your claim to us by contacting us at: info@benjaminherman.nl

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in the Netherlands.

Assignment

We may assign its rights and obligations under these Terms at any time to any party. You may not assign your rights and/or obligations under these Terms without obtaining our prior written consent.

Investigations and Cooperation with Law Enforcement

We reserve the right, without any limitation, to: (i) investigate any suspected breaches of its Services security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Services, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.

Waiver, Severability, Entire Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Services, and supersede and replace any prior agreements we might have had with you regarding the Services.

Survival

Any suspension or termination will not affect your obligations to us under these Terms. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

Class Waiver

The parties agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to the Terms of Service

We reserve the right to make changes to these Terms at any time. We will notify you 30 days in advance of making any changes to these Terms by posting the updated Terms to this website and, where applicable, through email notification.