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Disclaimer

narrowcastingonline™ is not responsible for any content shown through the n-cast player. Also, narrowcastingonline™ does not vouch for or warrant the accuracy, completeness or usefulness of the content.

By using the n-cast player, you agree that you remain solely responsible for the content shown through the n-cast player and you agree to indemnify and hold harmless narrowcastingonline™ with respect to any claim based upon the content shown. In no event narrowcastingonline™ will be liable to any party for any direct and indirect damages for any content shown through the n-cast player, including, without limitation, any lost profits, business interruption, loss of data.

If you obtain a product or service from narrowcastingonline™, that product or service is provided “as is” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

By using the n-cast player you agree with the general terms and conditions narrowcastingonline™.

GENERAL TERMS AND CONDITIONS OF NARROWCASTINGONLINE SUBSCRIPTION

 1. Scope of application
The General Terms and Conditions shall apply to all offers and quotations on the part of narrowcastingonline™ (hereinafter referred to as "narrowcastingonline™"), and also to all service agreements regarding the online subscription “narrowcastingonline™” (hereinafter referred to as “the agreement”) between customers (hereinafter referred to as “the customer”) and narrowcastingonline™.

2. How to subscribe
A subscription to narrowcastingonline™ can be obtained online as described on the website at www.narrowcastingonline.nl. Subscribers must register at www.narrowcastingonline.nl within 30 days after installing an n-cast Player.

3. Prices
3.1 The price of an online subscription is EUR 29 per month, excluding VAT and has to be paid upfront per year.
3.2 narrowcastingonline™ will be entitled to amend its prices once a year, narrowcastingonline™ will inform the customer in willing if it intends to change its prices.

4. Conditions relating to payment
4.1 Payment can only be made through iDEAL or PayPal. For more information about making payments through iDEAL or PayPal, please visit their web site at www.ideal.nl or www.paypal.nl.

5. Confidentiality
5.1 The parties shall maintain confidentiality regarding all information, deriving from the other party and which can be characterized as confidential.
5.2 The parties shall ensure that their employees shall comply with the obligation specified in the preceding paragraph.
5.3 The obligations specified in this clause shall continue in force after the termination of the agreement.

6. Right of use
6.1 narrowcastingonline™ grants the Customer a non-exclusive and non-transferable right to use the services offered in the context of the online subscription for the duration of the Agreement, subject to the conditions and limitations of these General Terms and Conditions. The Customer accepts this right of use.
6.2 The Customer can only use the Services for normal business activities within its own enterprise, but this use cannot be such that it can or does lead to any form of exploitation of these services – whether for commercial purposes or otherwise – by the Customer or a third party.
6.3 The Customer is not permitted to make the Services publicly available or to copy or otherwise duplicate or change the Service, except to the extent necessary for using the Services or unless advance written permission to do so is obtained from narrowcastingonline™.
6.4 The Customer represents and warrants to narrowcastingonline™ that he will not use the Services for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

7. Intellectual property rights
7.1 Unless otherwise agreed in writing, the proprietary interest in and all rights of intellectual property regarding narrowcastingonline™ services shall reside at all times with narrowcastingonline™, or with its suppliers, respectively.
7.2 The Customer is hereby expressly forbidden, in the absence of written permission of narrowcastingonline™, to disclose or exploit the services of narrowcastingonline™, all this to be understood in the broadest sense of the terms and to include the use of third parties for purposes of reproduction, disclosure or exploitation.
7.3 narrowcastingonline™ shall indemnify the Customer against any claim based upon an alleged violation of an intellectual or industrial right regarding the products and Services supplied by narrowcastingonline™, provided the Customer:
- informs narrowcastingonline™ in writing without delay of such claim, and
- the resolution of the claim is left to narrowcastingonline™ and all necessary assistance thereto is provided, and
- makes no statement or enters into any undertaking, or recognises any right or admits any fact without the prior written permission of narrowcastingonline™.
Such indemnity shall not apply to any product or service supplied by any supplier of narrowcastingonline™.
7.4 The indemnity provided for in this clause shall not apply where the claim arises from the use of the product in combination with any other product that is not supplied by narrowcastingonline™.
7.5 Under no circumstances shall narrowcastingonline™ be liable for any further violation of any intellectual or industrial property right other than as provided for in this clause.

8. Services
narrowcastingonline™ shall provide the services in line with its best understanding and efforts and in a professional and careful manner. narrowcastingonline™ does not guarantee that the results achieved by such services can be characterised as entirely or partially successful or can be used within the agreed period of time.

9. Personal data
9.1 narrowcastingonline™ recognises that its relationship with the Customer and the information disclosed to it in the course of its services to the Customer will be strictly confidential in nature.
9.2 narrowcastingonline™ shall process the personal data in accordance with the applicable data protection laws and regulations and on the Customer’s instructions.

10. Warranties
narrowcastingonline™ services are provided to the Customer “as is”, with no warranties whatsoever, express or implied, and the use of the Services is at the Customer’s own risk.

11. Liability
11.1narrowcastingonline™ accepts no liability of any type whatsoever towards the Customer for any damage other than damage that its insurance covers and only to the extent that its insurer pays out in the particular case.
11.2 Without prejudice to the provisions of the preceding paragraph, liability shall be restricted to such sum that is charged for the damage-causing performance or, where the agreement is for a period of time, the amount of the invoice for a period not exceeding six months.
The damages payable under this paragraph shall never exceed a sum of € 5.000,--.
11.3 Where the circumstances enumerated in this paragraph lead to any claim by a third-party the Customer shall indemnify narrowcastingonline™ against any such claim.
11.4 narrowcastingonline™ shall never be liable for any indirect damage by which shall also be understood consequential damage, loss of profits and damage resulting from operational cessation.
11.5 No claim shall be brought against narrowcastingonline™ where the Customer has the possibility in respect of the cause of the damage to claim directly against a third-party (a supplier of narrowcastingonline™) or its insurer.
11.6 narrowcastingonline™ assumes no responsibility regarding the accurancy completeness or usefulness of the information that is provided by narrowcastingonline™ and use of such information is at the Customers, own risk.
11.7 By using the services provided by narrowcastingonline™, the customer agrees that he remains solely responsible for the results derived from the use of the narrowcastingonline™ subscription and the Customer agrees to indemnify and hold harmless narrowcastingonline™ with respect to any claim based upon the content shown. In no event narrowcastingonline™ will be liable to any party for any direct and indirect damages for any content shown, including, without limitation, any lost profits, business interruption, loss of data.

12. Duration of the agreement
The agreement shall be entered into for a fixed period of one year.
One month prior to the expiration of the aforementioned one-year period, narrowcastingonline™ will enquire whether the Customer wishes to extend its online subscription by another year. If the Customer indicates its unwillingness to extend the online subscription or does not respond to narrowcastingonline™’s enquiry, the online subscription will terminate at the end of the relevant one-year period. If the Customer indicates that it wishes to extend the subscription and the online payment has been made, the subscription will be extended for a period of one year. After eleven months, the Customer will again be asked whether it wishes to extend the subscription.

The online subscription cannot be terminated prematurely.

13. Choice of forum and applicable law
13.1 The law of the Netherlands shall apply to each and every agreement between narrowcastingonline™ and the Customer with exclusion of the Vienna Convention on Sales.
13.2 Any disputes that may arise between narrowcastingonline™ and the Customer based upon any agreement narrowcastingonline™ has concluded with the Customer or upon any further agreements that may result from same, shall be resolved by the District Court of The Hague, but only after the procedure in accordance with the rules for mini-trials (Minitrialreglement) of The Hague Foundation for Dispute Resolution (Stichting Geschillenoplossing Den Haag) has been pursued, without prejudice to the parties’ right to seek a ruling in temporary relief proceedings.
13.3 Where one or more provisions of the agreement are void or invalid the remaining provisions of the agreement shall remain in force.
13.1 The law of the Netherlands shall apply to each and every agreement between narrowcastingonline™ and the Customer with exclusion of the Vienna Convention on Sales. 13.2 Any disputes that may arise between narrowcastingonline™ and the Customer based upon any agreement narrowcastingonline™ has concluded with the Customer or upon any further agreements that may result from same, shall be resolved by the District Court of The Hague, but only after the procedure in accordance with the rules for mini-trials (Minitrialreglement) of The Hague Foundation for Dispute Resolution (Stichting Geschillenoplossing Den Haag) has been pursued, without prejudice to the parties’ right to seek a ruling in temporary relief proceedings. 13.3 Where one or more provisions of the agreement are void or invalid the remaining provisions of the agreement shall remain in force.