Terms and conditions
The United Stripes company has its registered office at Croeselaan 227 BA, 3481 BP Utrecht, the Netherlands. The United Stripes company can be reached via the e-mail address firstname.lastname@example.org.
These general terms and conditions apply exclusively to private individuals and expressly not to parties in their capacity as a professional party to a contract with any United Stripes company. Different general terms and conditions of United Stripes apply to legal relationships between a United Stripes company and a professional contracting party.
These general terms and conditions apply among online visitors to any website of the particular United Stripes company. These terms and conditions also apply to visitors of any Event organised by the particular United Stripes company. Both types of visitors are covered by the definition of ‘Visitor’. The Visitor may also be the natural person and consumer who enters into a purchase contract with an United Stripes company that is governed by the rules of Book 7 of the Dutch Civil Code on consumer sales, Section 227a and b, Book 6 of the Dutch Civil Code on the formation of electronic contracts and Section 42a, Book 7 of the Dutch Civil Code on distance purchase contracts.
Disclosure and application of these general terms and conditions
These general terms and conditions may be requested and examined by any Visitor. These terms and conditions will also be sent to anybody free of charge on request. Such a request can be submitted by e-mail to email@example.com.
These general terms and conditions are also available electronically on the Website and the Visitor can save them for subsequent examination as referred to in Section 239(2), Book 6 of the Dutch Civil Code.
‘General terms and conditions’
These general terms and conditions apply to every legal relationship between a consumer (hereinafter: the Visitor) and a United Stripes company with regard to the matters governed by these terms and conditions. They form an integral part of all agreements relating to the purchase, donation and supply of products and services via the Website. The general terms and conditions apply in accordance with the provisions of Sections 227-234, Book 6 of the Dutch Civil Code. These general terms and conditions comply with the legislative requirements for distance purchase contracts.
‘United Stripes company’
The relevant subsidiary and/or sister company of the company United Stripes V.O.F. that is the user of these general terms and conditions in relation to the Visitor to its Website or its Event, for which this company is responsible in all respects. The relevant United Stripes company has its own activities, such as its own Event.
Every website of any United Stripes company, as operated and presented by that legal entity, to which these general terms and conditions apply.
Services and products of third parties that are offered on or via a Website, which is visible to the Visitor by clicking through to a page of this third party within the Website or by means of a hyperlink to a subsequent webpage, to which the general terms and conditions of the relevant provider of the services and products always apply in relation to the Visitor and must be accepted by the Visitor before a product or service is purchased.
The visitor to a Website and/or an Event, or the purchaser of a Product on the Website, according to the meaning of the provisions of these terms and conditions. The visitor is always a consumer who is not acting in the course of a profession or running of a business, or on behalf of these, and is the party designated by law as the ‘other party’ in Section 227(c), Book 6 of the Dutch Civil Code.
Any event – organised by an United Stripes company at its own expense and risk and for which this United Stripes company uses these terms and conditions in relation to Visitors.
A product that is offered by an United Stripes company to the Visitor on the Website which may consist of a digital (non-physical) product such as a Download, Stream or an e-ticket, or a Merchandise product that is ordered online but physically sent to the Visitor.
A physical product, such as an item of clothing, bearing a trade mark, name, logo or any artist’s name of or under the control of any United Stripes company, or a physical CD or DVD/BluRay (i.e. a physical sound or image carrier), which is purchased via an online web shop of an United Stripes company and sent by ordinary post to the Visitor, to which purchase certain specific terms and conditions apply.
A digital file which is received from the Website by the computer of the Visitor, at his request, via an internet connection.
These general terms and conditions may be amended from time to time. An amended version will then be published on the Website and filed at the Chamber of Commerce. The amended terms and conditions will apply from the publication date. If the Visitor does not wish to accept the amended terms and conditions, he must immediately stop using and visiting the Website or purchasing products and/or services from a United Stripes company.
PRIVACY PROVISIONS AND VISITOR REGISTRATION
The United Stripes company respects the privacy of every Visitor and ensures that the personal data of the Visitor are treated confidentially and with care.
The details of the Visitor to a Website will also be saved and used insofar as the Visitor has registered for the website, the sharing of data in a social medium environment, such as Facebook or Twitter, and the sending of a newsletter. The details will also be used:
a) to provide information in response to questions asked by the Visitor;
b) to send material, a Product or information requested or purchased by the Visitor;
c) to notify the Visitor about campaigns, competitions or contests;
d) to adapt the information on the Website for the Visitor;
e) for the administrative handling of transactions and payments;
f) for fraud and infringement prevention; and for any other statutory purpose, such as a request from the authorities or police.
The Website may use the details of the Visitor to recommend other Products to the Visitor that tie in with earlier purchases. Data about the use of the Website will be used by the United Stripes company for the further development and improvement of the Website.
The Visitor’s username, password, name, profile picture, address, town/city, date of birth, sex, telephone number, mobile telephone number and e-mail address may be recorded and saved by an United Stripes company and used for Product purchases on the Website.
By registering on the Website, the Visitor gives consent for the United Stripes company or its affiliated third parties to send him information by e-mail or post. The United Stripes company will not sell this information to a third party nor use the details for marketing purposes, unless the Visitor has given his consent by approving via a opt-in option. The information that the United Stripes company requests, or will request in future, from the Visitor is not the same each time and may differ according to the use thereof on the Website.
The Visitor is given the opportunity on a Website to indicate whether an United Stripes company may use his details for sending information about upcoming Events, publications, offers, campaigns and other websites. After obtaining this consent, the United Stripes company may share the Visitor’s details with other companies forming part of the same group. There is also the opportunity to ask whether the Visitor wishes to receive information about third-party activities, such as sponsors of a United Stripes company or its affiliated businesses. If this consent is granted, the United Stripes company may share the Visitor’s details with these third parties. The Visitor may withdraw this consent at any time by sending an e-mail to firstname.lastname@example.org with the text ‘remove details’ and specifying from which lists (newsletter/Forum/etc.) he would like to be removed.
The Visitor may comment on an page on the United Stripes Website. By commenting, the Visitor gives irrevocable consent to United Stripes to save his personal data and display messages sent by him – with username, profile picture or any photograph – on the Website. The Visitor may participate in discussions, write responses and read the views of others in relation to specific topics on the Website.
The Visitor is personally responsible for the content of his messages and fully indemnifies United Stripes against all damage, claims and actions in this regard. The messages of the Visitor on a Forum may not be offensive or insulting and any Visitor who does not comply with these conditions may be banned from the Website.
When registering on a Website, the Visitor may enter his details by transferring them from an existing account at a social network (such as Facebook or Twitter) to the Website and then amend or supplement them. By clicking on one of the logos of the social media networks, the details that the Visitor shares with ‘Anyone’ within the chosen social medium will also be shared with the relevant Website of United Stripes. The Visitor gives his consent for this purpose.
The Visitor can adjust the privacy settings himself via his Facebook, Twitter or other social medium account. The general terms and conditions of the third party in question, such as Facebook or Twitter, expressly apply to the sharing of these details from a social medium account. United Stripes makes use of the ‘Facebook Platform’ rules for this purpose, by which it gains access to the Visitor’s details. The Visitor of the Website is moreover asked by United Stripes whether he wishes to amend or supplement the details.
The Visitor may not disclose his username and password to any third party and is at all times responsible and liable for the loss of these details. If a third party becomes aware of these details, the Visitor must immediately report this via email@example.com, so that United Stripes can block further access to this account.
United Stripes will not be liable under any circumstances for the loss of the aforementioned details or for any damage and costs that may arise from such a loss for the Visitor. United Stripes must ensure that the Visitor’s details are not passed on or used for any purposes other than those that are strictly necessary for the implementation of the general terms and conditions or the performance of any purchase contract, as set out in the privacy regulations. The Visitor is personally responsible for keeping his username and password secret and fully indemnifies United Stripes against all damage, claims and actions in this regard.
Third-party services and privacy
United Stripes applies security measures for the protection of the personal data on the Website and its servers according to the latest technical standards that are reasonably affordable and routine in the sector. United Stripes complies in this way with the statutory requirements of the EU Privacy Directive and Dutch legislation. United Stripes takes all reasonable measures to ensure that only relevant parties who have obtained consent from the Visitor or who are needed in the performance of any agreement can view and use the information.
United Stripes will not be liable under any circumstances for any damage suffered by the Visitor if a third party gains unlawful access to the Visitor’s personal data despite the reasonable measures of United Stripes. Due to the nature of internet use and the online transmission of data, United Stripes cannot warrant a completely secure environment for the personal data to the Visitor. Any online transmission of personal data ultimately takes place at the Visitor’s own risk. If United Stripes is at any time faced by an information leak during which third parties appropriate personal data, or the Website is hacked or otherwise illegally breached and personal data is appropriated as a result, it must immediately inform the Visitor thereof insofar as reasonable possible.
United Stripes is authorised to use anonymised data of Visitors obtained via services, purchases or the Website in order to be able to give advertisers information about traffic on the Website and statistics. The personal data of the Visitor will not be provided in this regard. Insofar as necessary, the Visitor gives consent for this purpose by accepting these general terms and conditions.
The general terms and conditions in this chapter apply to all admission tickets and accordingly form an integral part of all agreements for the sale, donation and delivery of admission tickets for Events wherever these have or will be held.
The Visitor accepts the content of these terms and conditions by acquiring and/or using an admission ticket, entering the Event venue and/or taking note of them via the Website. This also applies if an admission ticket is obtained via third parties in any way.
Access to the Event is only obtained by showing a valid and undamaged admission ticket and a valid airline id. Access to the Event is only available to people aged 18 and older. People wishing to enter the Event may be requested and will then be obliged to show proof of identity due to checks on the aforementioned age limit.
In case people are refused entry to the Event, United Stripes will not be obliged to refund the admission fee.
Admission tickets are and remain the property of United Stripes. The admission ticket gives the holder the right to attend the Event. Access is given only to the first holder of the admission ticket scanned at the entrance of the Event. United Stripes may presuppose that the holder of this admission ticket is also the person who has a right to it. United Stripes is not obliged to perform any further verification of valid admission tickets. The Visitor must take responsibility for ensuring that he is and remains the holder of the admission ticket issued by United Stripes or by an advance sales address that it has engaged.
If an admission ticket is likely to be counterfeit, the United Stripes company is entitled to refuse to admit the holder of this admission ticket tot the event without the Visitor or this holder being able to claim any compensation for any loss that this may cause him.
As of the time that the admission ticket has been provided to the Visitor, the Visitor bears the risk of any loss, theft, damage or misuse of the admission ticket. The admission ticket is only supplied once and gives access to only one person.
United Stripes reserves the right to set a maximum on the number of admission tickets to be ordered by a Visitor, in that case the Visitor is obliged to comply with such maximum number.
The United Stripes company is entitled to search or arrange for Visitors to the Event to be searched before entering and/or during the Event. If the Visitor refuses to be searched, he may be refused entry to the Event, without any right to a refund of the admission fee, or may be immediately removed from the Event.
At the risk of confiscation, a Visitor may not bring, either for himself or another person, or have in his possession at the Event venue, any professional photography, film, sound and/or other recording equipment of any nature, glassware, plastic bottles, beverages, food, drugs, cans, fireworks, animals, weapons and/or dangerous objects or use such items prior to or during an Event. Confiscated items will not be returned.
Any Visitor who breaches this prohibition may moreover be refused entry or further access without any right to a refund of the admission fee, or may be removed from the Event and/or handed over to the police. Confiscated items will be destroyed.
Refusal of entry
The United Stripes company generally reserves the right to refuse specific people entry or further access to the Event or to remove them from the Event if it deems this necessary for maintaining public order and safety during the Event. This also applies if a Visitor wears or carries clothing, texts or signs which, in the opinion of the United Stripes company, may be offensive, discriminating, insulting to or cause aggression or unrest among other Visitors.
Recording the Event in a professional and/or commercial form, including photographing, filming, making sound and/or image recordings, as well as reprinting and/or copying from posters and other printed materials is not permitted without the express, prior and written consent of the United Stripes company.
The Visitor enters the Event venue, which may include any shuttle buses that are used to transport Visitors to the Event’s entry point, and attends the Event at his own risk. In this regard, the United Stripes company cannot be held liable, unless there is a case of gross misconduct and/or willful misconduct by the United Stripes company or its management. If nevertheless the United Stripes company can be held liable, any liability of the United Stripes company will be limited to EUR 46,000 as a result of damage due to personal injury or costs arising from the aforementioned entrance or attendance, such as but not limited to hearing, visual and other physical disorders or damage to the Visitor’s property, resulting from any cause, including those arising from the actions of other Visitors, the United Stripes company, its personnel and/or the third parties that it engages, such as stand holders.
The Visitor is expressly aware that loud music will be played during the Event. The United Stripes company advises Visitors to occasionally give their hearing a rest during the Event by going to an area where no music is being played and to wear ear protection at all times.
The United Stripes company will aim for the Event programme to be carried out in accordance with the announced schedule as far as possible. It is however not liable for deviations from this schedule and any resultant damage to Visitors and/or third parties. The United Stripes company is not liable for the content of the Event programme or how it is performed, including the length of the programme.
In case of force majeure in the broadest sense, which in this regard also includes the illness and/or withdrawal of the artist(s), strikes, fire, bad weather conditions, etc., the United Stripes company will be entitled to move the Event to another date or location or to cancel the Event.
Moving or cancelling the Event
The United Stripes company will not be responsible for damage arising from moving or cancelling the Event, as referred to above. If the Event is moved or cancelled, as referred to above, the United Stripes company will publicise this fact as far as possible in the manner that it deems appropriate. The United Stripes company is only obliged in case of cancellation to refund the admission fee, but not the booking/administration costs, to the Visitor at his request.
The refund will only be made, within a reasonable period after the date of the cancelled Event, if the Visitor produces a valid admission ticket, in the manner stipulated and announced by the United Stripes company (or the party that processed the ticket payment) by means of channels that it will announce.
The United Stripes company is authorised to make or arrange for image and/or sound recordings to be made of the Event and the Visitors to the Event and to reproduce and/or publicise or arrange for the publication of these recordings in any form and in any manner. By obtaining an admission ticket to the Event and/or entering the Event venue, the Visitor unconditionally consents to the aforementioned recordings being made and to the processing, publication and use thereof, in the broadest sense, without the United Stripes company or any of its affiliated companies being liable to pay any compensation to him at any time.
The Visitor hereby irrevocably renounces any interest that he could have in the aforementioned recordings. Insofar as the Visitor has any copyright, neighbouring rights and/or portrait rights to the aforementioned recordings, he hereby unreservedly assigns these rights to the United Stripes company and hereby irrevocably renounces his personality rights and/or will not invoke these rights.
The Visitor may not smoke at an Event that is organised inside a venue by the United Stripes company. Smoking is only permitted in designated smoking areas. The United Stripes company cannot warrant that the Event will be entirely smoke-free. The Visitor will not be entitled under any circumstances to a refund of the admission fee or to any other compensation if the Event is not entirely smoke-free.
If an order to stop smoking or a ban on smoking is breached, the security staff will immediately remove the Visitor insofar as possible and any fines imposed on the United Stripes company because of the Visitor’s breach will be recovered from the Visitor.
The terms and conditions in this chapter apply to every offer, acceptance and purchase contract of any Visitor in respect of a Product on the Website.
This chapter and the purchase contracts referred to herein only relate to distance purchase contracts, i.e. contracts that are entered into online (confirmed by e-mail), as referred to in Section 227a, Book 6 and/or 42a, Book 7 (Consumer Sales) of the Dutch Civil Code. These general terms and conditions comply with the legislative requirements for distance purchase contracts. Each Product will be offered for as long as stocks last.
All details that the United Stripes company must provide as the seller to the Visitor in accordance with Section 42c, Book 7 of the Dutch Civil Code are included in these general terms and conditions or on the relevant Website. The following is stated on the Website where the Visitor purchases a Product:
a) the identity of the relevant United Stripes company and whether the Visitor must pay all or part of the price in advance;
b) the most important features of the Product;
c) the price including taxes;
d) any delivery charges;
e) the payment method and how the purchase contract will be performed;
f) any cancellation method for physical Products (which does not apply to purchased Downloads, Streams, e-tickets or a transport agreement);
g) the costs for the use of communication resources by the United Stripes company will not be passed on to the Visitor;
h) there is no specific period for acceptance of the offer by the Visitor besides the rule that the offer by its nature (except in case of Downloads and Streams) is limited for as long as stocks last or the Product is available;
i) there is no question of an agreement that extends to continual or periodic delivery.
After the distance purchase contract is concluded between the United Stripes company and the Visitor, the Visitor will receive an e-mail, specifically providing the information for points a) to f) above and stating that the Purchaser may cancel the purchase contract for physical Products within seven working days of receipt of the Product. However, this method of cancellation does not apply to the purchase of a Download, Stream, e- ticket, transport agreement or any service in relation to leisure activities.
Merchandise, tickets and other products
The Visitor may purchase Merchandise items, tickets, e-tickets or other Products on the Website of the relevant United Stripes company, as a result of which the electronic distance purchase contract comes into being. These forms of purchase also fall under the terms and conditions of this Chapter. Merchandise items, including physical CDs and DVDs, are delivered by ordinary post to the Visitor as indicated in these terms and conditions below.
Any Downloads, Streams or Merchandise items that are offered on a Website are always offered with the express consent of all the artists, record companies, authors and designers concerned with whom the United Stripes company has entered into an agreement.
The Visitor must be registered in accordance with the provisions of Chapter 2 of these terms and conditions before any distance purchase contract can be concluded with the United Stripes company for a Product that is offered on the Website.
Prices and costs of Downloads and Streams
The Website clearly stipulates the price that the Visitor must pay for each Product before it can be downloaded. The Website also offers the Visitor the opportunity to purchase several Downloads at a ‘bundle’ price. These bundles are available for sale in various quantities of Downloads.
All prices are valid until other new prices are indicated on the Website. No interim price alteration is possible in respect of a Download that has already been purchased but not yet delivered for any reason. All specified Product prices always apply subject to the VAT rate remaining unaltered. If the VAT rate changes, the new VAT rate will automatically apply from the date on which the associated statutory amendment comes into force.
The Visitor will not be charged for any costs other than the purchase price of a Download or a Download bundle. The cost of the internet connection used by the Visitor is payable by the Visitor.
Prices and costs of Merchandise
The Website clearly stipulates the price that the Visitor must pay for each Product before it can be delivered. All prices include VAT and may exclude delivery charges. The Visitor will not be charged for costs other than the purchase price and delivery charges. All prices are valid until other new prices are indicated on the Website. No interim price alteration is possible in respect of a Product that has already been purchased but not yet delivered for any reason. All specified prices always apply subject to the VAT rate remaining unaltered. If the VAT rate changes, the new VAT rate will automatically apply from the date on which the associated statutory amendment comes into force
Formation of the purchase contract
A contract for the purchase and sale of a Product between the Visitor and an United Stripes company will only be concluded after the Visitor has accepted the offer on the Website in the appropriate manner, has correctly agreed to the purchase procedures on the Website and made payment to the party which processes payments on behalf of the United Stripes company. The United Stripes company will send or arrange for an e-mail to be sent as soon as possible, confirming that the purchase contract has been concluded, to the Visitor who has purchased a Product.
The United Stripes company is responsible for adopting technical and organisational measures to secure the electronic transfer of personal data and payment transaction information.
The United Stripes company undertakes towards the Visitor to deliver the Product according to the description, quality and quantity as described for each Product on the Website and in the ‘shopping cart’ list which the Visitor has virtually filled with a Product to be purchased. Merchandise Products will be delivered allowing for the normal size, colour and quantity tolerances, unless expressly agreed otherwise. The visible photograph of the Merchandise Product on the Website, if available, provides as reasonably as good an impression as possible of the Product to be purchased by the Visitor.
The Visitor must inspect the purchased Product immediately after delivery to check whether it conforms to that which he ordered and purchased. If that is not the case, the Visitor must report this within seven days of receipt to the e-mail address of the relevant United Stripes company. The United Stripes company need only choose whether to refund the purchase price or deliver another Product of the same type if it is demonstrated to it in writing or by e-mail that the Product – in the absence of any fault of the Visitor or reasons that should be for the Visitor’s expense or risk – does not conform to that which the Visitor purchased. Insofar as a purchased Product cannot be played or otherwise used because the Visitor’s computer or connection does not meet the stated technical requirements, the United Stripes company will not be obliged under any circumstances to refund or replace the purchase.
Payment may take place by means of an instruction for that purpose from the Visitor to the United Stripes company or the designated party which processes payments on its behalf.
The relevant United Stripes company that manages the Website is in no way liable for errors, malfunctions or faults in or with regard to the payment by this third party or parties to the Website. The Visitor is bound by means of a standard agreement with such a third party that processes payment to its general terms and conditions, which the Visitor may request from that party. The United Stripes company is not responsible for the content of those general terms and conditions.
After the Visitor has issued his payment instruction and the payment has been made via the third party that processes payment for the United Stripes company, the Website will make the Download paid for by the Visitor available for collection electronically by the Visitor’s computer or send the Merchandise Product.
If a Download or Stream is purchased on a Website, this Website will not under any circumstances sell or deliver a physical Product on order to replace this and expressly will not send any physical products to the Visitor.
Delivery of the Download
A purchased Download will be delivered, in principle, immediately after the purchase contract is concluded. The Visitor will be immediately informed that the Download from the Website is available to be collected by his computer, by means of an internet connection. The Visitor must abide by and agree to the user rules stipulated at that time. When the Visitor indicates that his computer is ready to collect and receive the Download, the United Stripes company will make the Download available on a one-off basis. The Visitor is responsible for giving any incorrect instructions and the United Stripes company is not liable in this regard.
The United Stripes company is not obliged to perform or supplement the delivery in any way other than is indicated here. Any power failure, malfunction, defect or other impossibility to receive the Download, other than an attributable fault on the side of the United Stripes company, is and remains entirely at the Visitor’s expense. If the Visitor cancels the transfer when the Download is made available by the United Stripes company, for instance, this will not be made available again.
If the Visitor does not receive the Download for any reason, or cannot use or play the Download for any reason, he may however contact firstname.lastname@example.org for help, questions and/or comments. The United Stripes company will only make the Download available to the Visitor again if it is reasonably able to accept that the delivery of the Download has failed for a reason that should not be attributed to the Visitor.
The United Stripes company must make all reasonable efforts to perform the delivery according to the Visitor’s reasonable expectations. If necessary, the United Stripes company will be available to assist the Visitor with any problems or questions relating to the delivery of Downloads by means of its e-mail address or by telephone. The United Stripes company is not liable for any damage to the Visitor’s computer, consequential damage, losses due to delays, or damage caused by power failures or a poor internet connection.
If the Visitor fails to make any payment, the United Stripes company will be entitled to suspend the relevant agreement and delivery, terminate the agreement without being liable to pay any compensation, or claim specific performance.
If the delivery of a specific product is temporarily impossible, for instance because of a technical malfunction or otherwise, and the Visitor has already paid for that product, the United Stripes company will perform the delivery as soon as possible or refund the purchase amount to the Visitor, at the Visitor’s request by e-mail, if delivery has still not been taken place after seven days.
Technical problems may occur on the Website and certain files may temporarily not be available for downloading by the Visitor at that moment. The United Stripes company is not liable under any circumstances for any resultant damage or delay caused to the Visitor.
Delivery of Merchandise
As soon as the United Stripes company has received payment in full, it will be obliged to deliver the purchased Product. Deliveries will only be made to an existing postal address. The United Stripes company undertakes towards the Visitor to package the Product properly and secure it in such a way that it reaches the delivery address in good condition by means of normal transport.
The delivery of a purchased Merchandise Product will take place, in principle, within 14 days of the conclusion of the purchase contract and receipt of payment. The Visitor will be immediately informed by e-mail that the contract has been concluded, the Product has been paid and that it will be sent. The United Stripes company will make reasonable efforts at all times to deliver the Products within 14 days. Orders may sometimes be delivered later due to a dependency on suppliers.
If a particular Product is no longer in stock, the purchaser will be advised thereof by e- mail. If the delivery takes longer than 30 days, the Visitor will be entitled to immediately cancel the purchase and obtain a refund of the purchase price, including additional costs paid. The United Stripes company is not liable under any circumstances for any resultant damage or delay caused to the Visitor.
Returning Merchandise Products
In line with the Dutch remote sales law (“wet koop op afstand”), you have the right of withdrawal of 14 working days. The right of withdrawal is not applicable to tickets. Tickets are never refundable. Furthermore, CDs and DVDs with a broken seal cannot be returned. Return consignments may be sent to United Stripes, quoting the order number, at P.O. Box 144, 3500 AA Utrecht, the Netherlands.
After the United Stripes company has received the return consignment, the amount will be refunded to the Visitor’s account provided that the stated conditions have been met.
Third-party terms and conditions and agreements
The Visitor is linked in some cases via the Website to the website of a third party if this third party is responsible for performing a specific service or supplying a certain Product. The Visitor can see from the ‘current page’ status on his screen whether he is linked through to a third-party website. This is also visible when the Visitor enters into any distance purchase contract with this third party.
If the Visitor proceeds to purchase a product or service from this third party, any general terms and conditions of that party will be applicable thereto and the Visitor will enter into a purchase contract with this party. This third party is then liable for the fulfilment of any obligation towards the Visitor.
Although the United Stripes company chooses all third parties concerned with care, it is not a party to any agreement between the Visitor and this third party. The Visitor indemnifies the United Stripes company against any claim for costs or damage that may arise from an agreement with this third party. Any applicable general terms and conditions of the third party may always be requested on the website of this third party.
Payment of e-tickets
If the Visitor purchases an e-ticket for an Event of the United Stripes company, the payment for this Product will usually be handled for the United Stripes company by a third party. This third party will normally use its own general terms and conditions in relation to the Visitor as the purchaser of the admission ticket. The general payment conditions of the relevant third-party as well as these general terms and conditions of the United Stripes company will apply to an e-ticket.
Trips, transport and airline tickets
The Visitor may be offered trips for booking tickets for domestic and foreign events via the Website, which will be booked and handled by the third party. When purchasing such a trip, the Visitor enters into a transport agreement with this third party. Although the United Stripes company chooses these providers with care, it is not a party to any agreement between the Visitor and this third party.
The Visitor indemnifies the United Stripes company against any claim for costs or damage that may arise from an agreement between himself and this third party. Any applicable general terms and conditions of the third party may always be requested on the website of this third party.
Offers made by stand holders at an Event
The Visitor to an Event of the United Stripes company may be offered products or services at that Event by third parties/stand holders, such as food or beverages, merchandise items or other products such as sunglasses or clothing, or by providers of fairground attractions. Although the United Stripes company chooses these stand holders with care, it is not a party to any agreement between the Visitor and this third party. The United Stripes company which organises the Event will not be liable under any circumstances for any damage arising from the purchase or procurement of a product or service by the Visitor, including a fairground ride of this third party. The Visitor indemnifies the United Stripes company against any claim for costs or damage that may arise from an agreement between himself and this third party. Any applicable general terms and conditions of the third party may always be requested from this third party.
Visitors of the Website are at all times obliged to comply with the regulations, any amendment of the regulations and any instructions and user rules of an United Stripes company as published on the Website.
Insofar as the Visitor of the Website does not comply, does not comply fully and/or does not comply on time with the user rules, the United Stripes company may, depending on the specific circumstances, suspend its obligations, terminate the agreement without being liable to pay any compensation, or claim specific performance.
Information on the Website
Although the United Stripes company pays great care and attention to the provision of information on the Website, it cannot give any guarantee in relation to the nature and content of the information and is in no way liable for the content and consequences of using that information. Insofar as there are links on the Website to offers, Products, material or the website of a third party, the United Stripes company is neither responsible nor liable for the functioning of that link, the access to or content of the information of such a website.
Notwithstanding its possible other rights, the United Stripes company is entitled in case of force majeure to postpone the performance of any agreement or to terminate it out of court, without being liable to pay any compensation. Force majeure includes any breach that cannot be attributed to the United Stripes company, because it is not accountable by law, a legal act or according to generally accepted standards.
Liability for information
The United Stripes company will not be responsible under any circumstances towards the Visitor or third parties for errors, limited information or details on any Website except in case of intent or wilful recklessness towards the Visitor. The United Stripes company, its affiliated businesses or third parties involved in the performance of any service or agreement will not be liable under any circumstances for damage, costs, lost profits, losses, consequential damage, loss of privacy or loss of data for any direct or indirect use or functioning of the Website.
The United Stripes company expressly does not warrant the Visitor that the Website, parts thereof or functions pertaining thereto will always function flawlessly, function according to the description or be available for use. On account of the internet connection, the resultant link to many unknown third-party internet users and possible attacks by hackers or others, the United Stripes company can likewise not warrant that the Website or the server that it uses will always be free of viruses, bugs or other faults or defects. The Visitor should also take reasonable measures himself to ensure that his computer is protected against viruses and the like.
The United Stripes company will not be liable under any circumstances for the Visitor following any link or hyperlink to a third-party website or for the Visitor entering into any agreement with this third party. The United Stripes company will likewise not be liable under any circumstances for the messages posted by others on any forum or via any social medium that cause material or immaterial damage to the Visitor in any way.
Everything that is published on the Website or which belongs to the Website, including music files, artists’ names, label names, Streams, Downloads, software, designs, drawings, logos and trademarks forms part of the intellectual property of the United Stripes company or any licensor thereof by law or on the basis of an agreement.
The Visitor must recognise these intellectual property rights at all times and observe and comply with all restrictions placed on the use of protected works by law. The downloading, streaming and other use of Products and files is governed by the user rules that are included in these terms and conditions. The Visitor is obliged to comply with these user rules at all times. These user rules are based, among other things, on the current wording of the Dutch Copyright Act and only constitute a short summary to indicate the instructions and prohibitions applicable to the Visitor under the Act.
The provisions of the Dutch Copyright Act and other intellectual property laws apply fully at all times to any use and take precedence over these user rules:
a) the Visitor may only make normal private use of a Product after he has paid for it in the normal way indicated on the Website. Any act of the Visitor which circumvents, changes or otherwise avoids the method of payment is prohibited. The Visitor may not otherwise reproduce, alter, upload, play in public, display, make available to third parties, perform, sell, resell, misuse, etc. a Download or any other material from the Website as all these acts are reserved for the entitled parties. The Visitor may not adjust, circumvent, decrypt, encrypt or disrupt any software, files or payment procedures;
b) the Visitor is allowed to make normal use of any Product file that he has lawfully purchased, according to the procedures indicated on the Website. It is permissible to make a private copy, burn a CD or create a copy on another computer of music and other files that have been downloaded and purchased according to the rules, but only for personal and non-commercial use. Making copies available to third parties is not allowed under any circumstances;
c) the security method as applied to software also explicitly belongs to the protected portions of the Website;
d) the delivery of any file purchased by the Visitor does not entail any assignment or licensing of a right to the Visitor to promote or exploit that file.
If it is established that a Visitor has breached the statutory rules, the United Stripes company is within its rights to inform the entitled party hereof, which can then institute legal action against the Visitor.
If and insofar as any provision of these terms and conditions is inconsistent with any statutory rule, this will not affect the other provisions of these terms and conditions. The provision in question will cease to exist and be replaced by a provision that approximates the original one as closely as possible as regards content and nature and which is permitted by law.
Applicable law and jurisdiction
Dutch law applies to these general terms and conditions.
Did you really read all of this? Good job!