The following Terms and Conditions of Use (the "Terms") apply to the use of eldoLED's website (the "Website"), which is owned and operated by eldoLED B.V. the Netherlands ("eldoLED" as used hereinafter, refers to eldoLED B.V. and any of its affiliated companies.). If you do not comply with the Terms, you will no longer have the right to use the Website. If you want to purchase our products please read our General Terms and Conditions.
1. Information and Content on the Website
(a) All information and content available on or accessible through the eldoLED website, all information contained in any eldoLED documentation, whether provided electronically or in hardcopy, such as product manuals, and all information and content in emails or other ways of communication used by eldoLED, (collectively hereafter referred to as: 'the Information') has been prepared solely for the purpose of providing information about eldoLED and eldoLED products. While the content hereof has been prepared with the utmost care, some Information may nevertheless be incomplete, incorrect or may become outdated in time. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ELDOLED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, AS DEFINED ABOVE. FURTHERMORE, ELDOLED MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION TO ITS PRODUCTS, INCLUDING WARRANTIES ABOUT ITS PRODUCTS' MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPLICITLY MADE AND PROVIDED BY ELDOLED IN WRITING TO THE PURCHASER OF ITS PRODUCTS. The provided Information must not be relied upon in connection with any investment decision.
(b) eldoLED cannot be held liable for any direct or indirect loss or damage resulting from the use of the Website, Information and/or resulting from the use of its products or material(s). ELDOLED'S MAXIMUM AGGREGATE LIABILITY FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO € 100,- OR FIVE (5) PERCENT OF THE PURCHASE AMOUNTS PAID TO ELDOLED, WHICHEVER IS LESS, IN CONNECTION TO THE PRODUCTS SUBJECT TO THE LIABILITY CLAIM.
2. Intellectual Property Rights
(a) All intellectual property rights relating to the Website, Information and all eldoLED products and software are owned by eldoLED and/or its licensor(s) at all times. The Information and eldoLED software may not be used in any way without eldoLED's and/or its licensor's prior explicit written consent.
(b) You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit any of the software, content and/or materials available on the Website in whole or in part, except as expressly provided in these Terms or otherwise provided by eldoLED in writing. You may download the software available on the Website for your own use and only in connection to products and services offered by eldoLED. Under no circumstances will eldoLED be liable in any way for any content or software, including errors or omissions, or loss or damage of any kind incurred as a result of your use of, or reliance on, any content or software.
3. User Restrictions
(a) You agree that you shall not, nor will you enable and/or allow third parties to: (i) copy, modify, translate, or reverse engineer any portion of the Website or eldoLED software; (ii) remove any copyright, trademark or other proprietary rights notices on the Website or on eldoLED software, even after downloading content and software for your own use; (iii) use any robot, spider, other automated device, or manual process to monitor or copy the Website or parts thereof; (iv) collect any information about other users; (v) reformat or frame any portion of the web pages that are part of the Website or any content; (vi) create user accounts by automated means or under false or fraudulent pretenses; (vii) create or transmit unwanted electronic communications such as "spam" to other users, or otherwise interfere with other users' enjoyment of the Website; (viii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (ix) use the Website to violate the security of any computer network, crack passwords or security encryption codes; (x) copy or store any content offered on the Website for other than your own use; (xi) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or (xiii) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law. eldoLED may impose limits on certain features or services or restrict your access to parts or all of the Website, without notice.
(b) To use certain features of the Website, or to order eldoLED Products, you are required to open an account and select a password and user name. If you open an account, you must provide accurate and complete registration information and keep this information up to date. You may not: (i) use a false name or an email address owned or controlled by another person; or (ii) choose a user name subject to any rights of a person other than yourself without appropriate authorization. eldoLED reserves the right to cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. You must immediately notify eldoLED of any unauthorized use of your user name or password, and ensure that you exit from your account at the end of each session.
(b) Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may collect personally identifiable information ("Personal Information"), such as your name and address, including email address, when you or other users provide it to us. Some collected information is not explicitly submitted by the users of our Website: (i) our server logs automatically and collects information, such as your IP address, your browser type and language, and the date and time of your visit; (ii) we may assign your computer one or more cookies which may collect information to facilitate access to our Website and services and to personalize your online experience; (iii) we may use standard Internet tools, such as web beacons, which collect information that tracks your use of our Website and our services to enable us to customize our services.
(c) We may use Personal Information to (i) fulfill, facilitate and improve the services on our Website; (ii) offer products and services that may be of interest to you; (iii) customize the advertising and content on our Website; (iv) manage your account and preferences; (v) identify and protect against fraudulent transactions and other misuses of our Website; and (vi) enforce the Terms and Conditions of Use of the Website and the eldoLED General Terms and Conditions or any other agreement between a user and eldoLED.
(d) We will not share Personal Information with others except as indicated in this policy. We may share personal information with: (i) service providers, such as credit-card payment processors, performing services on our behalf; and (ii) other third parties in limited circumstances, such as complying with legal requirements, preventing fraud, and protecting the safety of the users of our Website and our Services. We reserve the right to transfer your Personal Information in the event of a transfer of ownership of eldoLED, such as an acquisition by, or merger with another company.
(e) You may choose: (i) not to provide Personal Information, although that may result in your inability to use certain features of our Website; (ii) to delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our Website may not function properly; (iii) to review and update your Personal Information by logging into your account. We will take commercially reasonable steps to ensure that your Personal Information is removed from or corrected in our records according to your amendments and updates in your account.
(h) As of May 25, 2018, eldoLED implemented the GDPR (General Data Protection Regulation) in their processes and systems.
5. Applicable Law and Jurisdiction
The laws of the Netherlands govern the use of this website. Disputes will be submitted exclusively to the court in 's-Hertogenbosch, the Netherlands. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE, OR (THE USE OF) THE INFORMATION AND ELDOLED SOFTWARE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH ACTION IS PERMANENTLY BARRED.