§ 1 Description of services
Eileen van Uitert Photography operates a website (www.wamderland.net) where customers can buy photosets and videos on a pay per view basis. The subscribers have access to videos and / or image sets in digital format, exclusively for their personal use. All videos can be downloaded.
§ 2 Registration
In order to join the website and to gain access to the membership area customers must register. During the registration process customers have to choose a username and a password. Registration may only be accomplished via the forms provided for this purpose on the Internet. Wamderland shall be authorized to refuse the selection or assignment of username and/or access password or to terminate access data without stating a reason. The right for immediate termination and prosecution due to urgent reasons shall not be thereby affected.
Payments are performed via either one of the following payment methods:
- Credit cards (your credit card statement will display the name “Eileen van Uitert”)
§ 3 Special conditions
This site contains certain material unsuitable for minors. Offers are directed exclusively at customers who are of full age and capable of contracting under the laws of their national jurisdiction. Customers must be at least 18 years to enter! If you are under 18 years of age and you do enter, you may be violating local, state or federal law. Access may be prohibited in certain states or countries.
The customer must obligate him/herself to keep access data stored confidentially. No passing on of usernames or passwords to other people is allowed.
The media offered on Wamderland are copyrighted to Eileen van Uitert or that of the individual right owners. The media may only be used on the user’s own PC. Swapping, sale or publication of the media is strictly forbidden and will be prosecuted to the fullest extent of the law.
§ 4 Liability
The content of our websites is checked thoroughly. Though, we cannot assume liability for completeness and accuracy. Wamderland is excluding any liability for damages, resulting from direct or indirect use of this homepage. Wamderland is not liable for content of external links. Liability for content of linked pages from this homepage is exclusively assumed by their respective operators.
§ 5 Service availability
The provider operates its services with the highest possible reliability and availability. However, the provider does not accept responsibility for these services being available non-stop, that the requested connection can be made at any time or that data will be stored under all circumstances. No right exists to regular update of online services. The websites with the offer may be temporarily inaccessible due to technical malfunctions, maintenance and force majeure without giving rise to a user claim against the provider. This applies especially to the offers of third parties integrated into the given offer which the provider cannot influence! Wamderland cannot influence the offers of third parties. In the event that Wamderland is forced by force majeure or official order or court ruling to stop its services in part or in full, Wamderland shall not be liable whatsoever for any damages or collateral damages arising therefrom.
§ 6 Assignment of use of services to third parties or minors
The user hereby accepts full liability for all activities s/he performs on Wamderland. In particular the user may not provide, make available or allow access to the purchased files or access data to third parties! The subscriber must use his/her best efforts to ensure that his/her purchased files or access data is not made available to third parties, even by accident, especially to minors! In this case the provider shall not be liable if services are used by minors.
§ 7 Severability Clause
In the event any of the provisions of these General Commercial Terms and User Conditions is or becomes legally ineffective in whole or in part or later lose effectiveness in whole or in part, the remaining provisions shall remain in full force and effect. Lawful provisions having the closest intention from the economic perspective shall be used in place of the ineffective regulations. The same shall apply if it is shown that these General Commercial Terms and User Conditions contain omissions in the regulations. In the event of uncertainty, the parties agree that the regulation which is closest to the goal of these regulations shall be applied.
§ 8 Jurisdiction
Dutch law is applicable for any legal proceedings resulting from these General Commercial Terms and User Conditions.
Adults Only Service
This is an adults only service. We will suspend or terminate any accounts which we believe are being used by anyone under the age of eighteen (18) years old or the age of majority in the jurisdiction in which you view the sites; additionally, we reserve the right to report such person to the proper authorities along with all information provided to us by or with respect to such person.
Disclosures made as necessitated by law or safety
Your name, physical address and password are considered confidential. However, all information you provide to us may be shared with other third parties as necessary to comply with applicable law, to cooperate with law enforcement and the court system.
Information collected from you
During sign up we require that you provide certain information which may include account data (i.e., your name, physical address, email address, username, and password) along with “Demographic Information”. Demographic Information may include IP address(es), referring website information, Internet browser used, zip code and/or other data regarding search history, browsing history, registration and user history.
How is this information used?
We do not collect or store any financial data, which is collected by our third-party payment processors. Financial data will only be used by third party processors as necessary to initiate and complete any orders placed by your account.
We may use “cookies” and demographic information to better your experience on the site by allowing us to tailor your experience on the sites according to your preferences and what we think may appeal to you based on such demographic information. Aggregate, non-individual membership demographic information may be shared with third parties with whom we have a direct or indirect relationship who may offer products or services we believe you may be interested in.
We may also share the aggregate demographic information with third parties for the purposes of analyzing usage data, maintaining servers and other purposes relating to maintaining and improving our service and the sites.
You are responsible for information you provide to third parties
Emails from us and use of your email address
Your email address will be used by us to contact you when we have special offers or other information to provide you. Such information may include, without limitation, new services offered by us, information relating to your account and other information related to your subscription to the sites. We may send you emails prior to and after you have terminated your membership to our service until such time as you advise us, in accordance with the procedures explained below, that you no longer wish to receive email from us and / or from third parties with whom we have a direct or indirect relationship. We may share your email address with other third parties, with whom we have a direct or indirect relationship with, for the purposes of sending you special advertisements or promotions. If at any time you no longer wish to receive emails from us or from such third parties please visit our contact form. We and our advertising partners fully comply with the federal CAN-SPAM Act and as such all emails from us and our advertising partners will always, among other required disclosures, have a place for you to opt out of receipt of further email correspondence. Please note we will never send you an email directly or through our marketing partners without your consent. Please immediately report any emails you may receive, without your prior authorization, that purport to promote the sites.
Changes in the ownership of the sites
These sites are a growing online service. As such, we may have the occasion to buy or sell assets, including but not limited to merger, dissolution, and transfer of ownership. Depending upon the nature of the transaction, we may share any and all data provided by you to us (including account information) with third parties, as necessary to initiate, investigate or complete any such transaction(s).