Updated Jan 2017
1. Application and Acceptance of the Terms
1.2 You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Tapestry Box.
1.3 You acknowledge and agree that Tapestry Box may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
2. Provision of Services
2.1 The entity that you are contracting with is BoomTechnik BV.
2.2 Some Services may be provided by BoomTechnik's affiliates on behalf of BoomTechnik BV.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”).
4. User Accounts
4.1 User may be registered on the Site to access Services (a registered User is also referred to as a “Member” below). Tapestry Box may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, Tapestry Box shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account.
5. Limitation of Liability
5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY TAPESTRY BOX ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND TAPESTRY BOX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPESTRY BOX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; TAPESTRY BOX DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TAPESTRY BOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
5.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage or loss that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Tapestry Box or through or from the Site shall create any warranty not expressly stated herein.
5.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Tapestry Box and our affiliates be held liable for any such services or products.
5.5 Each User hereby agrees to indemnify and save Tapestry Box, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Tapestry Box, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Tapestry Box, including but not limited to those set forth herein.
5.6 Each User hereby further agrees to indemnify and save Tapestry Box, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Tapestry Box is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Tapestry Box reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Tapestry Box in asserting any available defences.
5.7 Tapestry Box shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) The use or the inability to use the Site or Services;
b) Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
c) Violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) Unauthorized access by third parties to data or private information of any User;
e) Statements or conduct of any User of the Site; or;
f) Any matters relating to Services however arising, including negligence.
5.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Tapestry Box, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Tapestry Box or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
5.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Tapestry Box has been advised of or should have been aware of the possibility of any such losses arising.
6.1 All legal notices or demands to or upon Tapestry Box shall be made in writing and sent by email to the following entity and address: Support@TapestryBox.com. The notices shall be effective when they are received by Tapestry Box in any of the above-mentioned manner.
6.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, or email to the last-known correspondence or email address provided by the User to Tapestry Box, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
a) Tapestry Box is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) Immediately upon Tapestry Box posting such notice on an area of the Site that is publicly accessible without charge.
6.3 You agree that all agreements, notices, demands, disclosures and other communications that Tapestry Box sends to you electronically satisfy the legal requirement that such communication should be in writing.
7. General Provisions
7.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Tapestry Box with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
7.2 Tapestry Box and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
7.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
7.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
7.5 Tapestry Box’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Tapestry Box’s right to act with respect to subsequent or similar breaches.
7.6 Tapestry Box shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Tapestry Box). You may not assign, in whole or part, the Terms to any person or entity.
7.7 The Terms shall be governed by the laws of the Netherlands without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of the Netherlands.