By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the below, please do not use this service.
Door toegang te krijgen tot deze service en deze te gebruiken, stemt u ermee in en gaat u ermee akkoord gebonden te zijn aan de voorwaarden en bepalingen van deze overeenkomst. Wanneer u deze specifieke services gebruikt, bent u bovendien onderworpen aan geposte richtlijnen of regels die van toepassing zijn op dergelijke services. Elke deelname aan deze service betekent acceptatie van deze overeenkomst. Gebruik deze service niet als u niet akkoord gaat met het onderstaande.
Agreement last modified: July 31st, 2020
article a: Definitions
‘Individuals’: In the contract of terms and services we often talk about ‘individuals' and/or ‘individual’, or 'you’ with that we mean the person that accepted this terms and services in his or her own name or for the company that she or he represents.
‘Thunderstruck Entertainment and/or Boltmedia’, ‘We’, ‘Us': The contract at numerous times in the contract states, 'us’ ‘we' or 'Thunderstruck Entertainment and/or Boltmedia’. Those words are synonyms for the ones responsible for the company and also the current stakeholders which at the time of creation are; Sander Breshamer and Iakovos Petrou.
The definition ‘product' of 'service’ is meant to illustrate a product or service that Thunderstruck Entertainment and/or Boltmedia gives to you by the means of an agreement.
With our IP or Intellectual property we mean the below stated items:
copyrights and related rights, database rights, domain names, trade name rights, trademark rights, design rights, patent rights and rights to know-how.
‘Server(s)’ are meant in the context of numerous services e.g database server, storage server, hosting server and/or staging server.
Attachments, this word is used at the end of the document to specify other documents that are applicable to this terms of services, often also legally binding to our rights.
article b: Protections against misuse, abuse and the likes, owning of content and limited liability
1.1 Thunderstruck Entertainment and/or Boltmedia are not responsible for any damages done to any individuals and/or businesses related to our product(s) and/or services and in general as a company entity.
2.1 Our services and products should only be used as intended and not be exploited. If our services are exploited, misused, abused or are not used as intended than Thunderstruck Entertainment and/or Boltmedia reserve the right to terminate any contract bound with the the individual(s) and/or business(es) and thus terminating any on going service that you have with us.
3.1 In the case that the client decides to buy or hire an service or product with us, Thunderstruck Entertainment and/or Boltmedia, he or her will not be given the right of owning that product or service. It will remain as an asset of Thunderstruck Entertainment and/or Boltmedia. If a client decides to misuse our products or services for her own benefit or use content without our permissions, effectively stealing it, we reserve the right to terminate any ongoing contract with that individual(s) or business(es) and thus terminating any on going service that you have with us.
4.1 Thunderstruck Entertainment and/or Boltmedia are not to be held responsible for any issues with our products or services and are seen to be as is. In the case that the individual(s) or business(es) sign this document they thereby also accept any problems or issues with our products. Thunderstruck Entertainment and/or Boltmedia however will, to the best of our ability, will try to deliver the product as intended.
5.1 Thunderstruck Entertainment and/or Boltmedia are not responsible for any damages done by third parties as this is their responsibility not ours. This excludes any integrations with shared information we have with third parties applications. This also means any information we communicate with our clients (vice versa) or with our employees that have the security clearance to receive such information and vice versa.
article c: Subscriptions(services), information of our clients and accounts
2.1 Thunderstruck Entertainment and/or Boltmedia grants the individual and/or business for the duration and under the conditions of the agreement the non-exclusive, non-transferable and revocable right to use the Service(s) and product(s), including future updates to that service and or product.
2.2 We, Thunderstruck Entertainment and/or Boltmedia, always reserve the right to terminate any service(s) to the individual(s) or business(es) if misused, abused or not used as intended. This is also the case in the event that we lose the ability to deliver such services e.g in the case of an bankruptcy, sudden loss of life which causes the inability to deliver such service, sickness to the point of inability to reasonably produce an product or natural disasters i.e earthquakes, flooding, fires or anything weather related.
2.2 article c 2.1 is also applicable for any product that has yet to be created or has been created but is lost or declared forfeit in such an event defined in article c 2.1 in the latter sentences.
3.1 The individual(s) and/or business(es) are able to create or be given an account on our website. The password create by the individual is their own responsibility to be kept safe and secure. The password strength is determined by the individual and is thus also the responsibility of the individual.
3.2 Thunderstruck Entertainment and/or Boltmedia is not liable for damage resulting from unauthorized use of your Account. You can, however, be liable for damage incurred by Thunderstruck Entertainment and/or Boltmedia or others through your Account, regardless of whether that damage was caused by you or an authorized or unauthorized person.
article d: Limited liability and intellectual property
1.1 Our products, in this case websites and its components, are offered for informational purposes only; this product shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the product, and shall not be responsible or liable for any error or omissions in that information.
1.2 Our services and products are not responsible for any damages done to individual(s) and/or business(es) and any individual(s) or business(es) related or depended to those.
1.3 In case one of the stakeholders responsible for the work is not able to deliver their work because an illness that lasts longer than 3 months we are not deemed responsible for the work not delivered in that time.
2.1 We, Thunderstruck Entertainment and/or Boltmedia, reserve the right to any product(s) and its original content, features, and functionality. They are owned by us at Thunderstruck Entertainment and/or Boltmedia and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2 The logo of Thunderstruck Entertainment and/or Boltmedia are reserved for our use only and we will extend that service to websites we create. The websites we create are our property to a certain extend. That extends to the design and programming code that we deliver and make. The possible logo on that website of our company, Thunderstruck Entertainment and/or Boltmedia, will however always remain our property and may not be removed from such website unless given the right to do so in writing.
3.1 We are not responsible for any damages done to the user if Thunderstruck Entertainment and/or Boltmedia has been affected by third parties which causes our workers the loss of the ability to work on and/or deliver our products and/or deliver our services in a reasonable manner.
article e: Relationships
1.1 Thunderstruck Entertainment and/or Boltmedia reserves the right to ask you if the logo affiliated with the company or individual(s) may be used and displayed next to other logo’s of companies and/or individual(s) on our website for advertising reasons. If accepted a minimum of one (1) logo will redirect to the website in question, any other places the logo may be used will be for advertiser reasons or no reason particular but will not be used in a way that would damage the company, individual(s) or brand in question.
1.2 Thunderstruck Entertainment and/or Boltmedia reserves the right to display your product created by us on our website. This includes websites and or IT solutions unless otherwise specified. We do put these websites on display so we can show our future customers the work we deliver and a guaranteed high standard of quality.
1.3 The Thunderstruck Entertainment and/or Boltmedia websites contain links and logos to other third party individual(s) or business(es) we however do not own these intellectual properties and do not control these and therefore cannot assume responsibility for the content or general practices of any of these third party websites and/or services. We therefore recommend you read the terms and services of any of the third party content you come in contact with via the Thunderstruck Entertainment and/or Boltmedia websites.
1.4 Thunderstruck Entertainment and/or Boltmedia are not responsible or liable for the agreements of third parties that may be included in this terms and service, referring back to article e 1.3 of this agreement.
article f: Pricing, Payment & delivery policy
1.1 Any prices given to you from us, Thunderstruck Entertainment and/or Boltmedia, are reserved for any coding and/or typing errors.
1.2 Thunderstruck Entertainment and/or Boltmedia reserves the right to change the agreement made if the information given by the individual(s) or business(es) are deemed false or inaccurate and/or are not given at all or only partly.
1.3 In addition to article: i paragraph 1.1, prizes may be used at any time during the term of the agreement. We will also inform you here at least one (1) month in advance of a proposed price change. If you don't agree to the change(s) you can cancel the agreement. The cancellation option does not exist as a change to the
prices is the result of:
b. a price increase by our supplier (s);
c. an obligation imposed on Thunderstruck Entertainment and/or Boltmedia by law;
d. price change that benefits you.
1.4 The in before mentioned price changes in article f paragraph 1.3 a through d may be put into effect immediately.
1.5 The invoice send needs to be paid within Fourteen (14) days after it has been send.
1.6 Thunderstruck Entertainment and/or Boltmedia will notify you after an invoice has not been succesfully paid through an automatic collection system.
1.7 If the invoice has not been paid after the first reminder of payment we will abstain from delivering any new services or products to you and you are responsible for any costs that come with collecting your payment i.e any interest and costs related to any instance that comes to collect you payment. Also any current services or production of products will not be extended past the date related to the payment still due.
1.8 You are not entitled to settlement of payments with any claim on your part. Article 6: 127 of the Dutch Civil Code is therefore explicitly excluded.
2.1 Thunderstruck Entertainment and/or Boltmedia offers payment period options in a monthly or yearly bases. Other payment periods may be possible if specified. Payment is at the beginning of every period and will tacitly at the end of every period be re approved unless specified by the individual(s) or business(es) in a timely manner, fourteen (14) days before the end of the period.
2.2 If a monthly payment period was accepted by the individual(s) or business(es) they will need to finish the month they currently are in and the next month if they have not informed us, Thunderstruck Entertainment and/or Boltmedia, of cancellation of their contract with us fourteen (14) days before the period of their payment period is tacitly re approved at the end of the monthly period. This is because of the technical changes that happen when a client leaves the system and we need to anticipate any changes because we have other individual(s) or business(es) at the same time that are dependent on that infrastructure. If a individual fails to inform us before the fourteen (14) day window their payment period will continue as is and the next month will be billed, even if they cancel in the fourteen (14) day period.
2.3 If a yearly payment period was accepted by the individual(s) or business(es) they have to inform us, Thunderstruck Entertainment and/or Boltmedia, fourteen (14) days before the end of the payment period relapses. This is because of the technical changes that happen when a client leaves the system and we need to anticipate any changes because we have other individual(s) or business(es) at the same time are dependent. If a individual fails to inform us before the fourteen (14) day window their payment period will continue as is and the next year will be billed, even if they cancel in the fourteen (14) day period.
2.4 Refunds are offered under special circumstances i.e if the individual(s) or business(es) could not contact us in time because of an unexpected abrupt emergency situation e.g naturals disasters, loss of communication because of heavy snowfall, (nuclear) explosions, loss of life or sickness in a manner that the individual would not be able to communicate himself towards us or inform anyone else to inform us of the situation.
3.1 Thunderstruck Entertainment and/or Boltmedia is not responsible for any damages caused by the delay of a delivery of a product or services by us. We aim to deliver the product or service in a defined delivery window. We however are not bound by that window and will handle the delivery date on a individual bases. We will always communicate the delivery date with our customers but because of practicality and customizability of our products and services this may vary a lot from the communicated window and are not responsible for any damages due to this.
article g: Your responsibilities
1.1 The individual(s) and/or business(es) that agree with this document are responsible for keeping their own account information up-to-date
1.2 If in the case of 1.1 you need to keep us up to date on any updates to your information and circumstances.
1.3 These terms and conditions also apply to your legal successors. If you resell the Services you have purchased, you are obliged to do so under of application of these conditions to your agreement with the end user of the service.
1.4 If there is (a suspicion of) misuse of login data, report this immediately to Thunderstruck Entertainment and/or Boltmedia, so that we can take the needed measures.
1.5 Every action that takes place through your account falls under your responsibility and
is your own risk. Thunderstruck Entertainment and/or Boltmedia are not responsible for any damages related to misuse of your account or representative that, in your name and thus account, orders a product(s) or service(s) with us.
1.6 You must do all that is reasonably necessary and desirable to cause the timely and the correct execution of the agreement. You take care of it in anyway possible, that holds; all data is correct and provided to Thunderstruck Entertainment and/or Boltmedia on time. i.e the data that Thunderstruck Entertainment and/or Boltmedia indicates may be are necessary, or that you know or should know are necessary for performing the service(s) and/or producing or using the product(s) given.
2.1 You shall not use our service(s) or product(s) to stimulate or cause the following:
a. Any illegal activities or stimulants to cause illegal activities;
b. Childpornograpghy or any stimulation of child extortion, even if only related to;
c. Terrorism or causing or stimulating any harm towards humans, animals and/or properties not your own;
d. Hacking any networks or computers or stimulating hacking in general;
e. Spamming us, our partners or other users;
f. Any intrusion on intellectual property of other users, person(s) or entity(s);
g. affects the operation of this Site or the Services listed on this Site;
h. Content that contains or installs viruses, worms, bugs, Trojan horses or other codes, files or programs that are designed to or are capable of disrupting, damaging or limiting the functionality of software or hardware; or
i. Content that contains incorrect or misleading language, or unfounded or comparative assertions, about Thunderstruck Entertainment and/or Boltmedia or Thunderstruck Entertainment’s and/or Boltmedia’s Services.
2.2 If any or multiple of the before mentioned criteria, article g paragraph 2.1, are met than that will result in an immediate termination of any service(s) or producing of product(s) without any refunds
article h: Termination clause
1.1 On the Thunderstruck Entertainment and/or Boltmedia websites we have the ability to create accounts however we may terminate your access to your account and thus your products and services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity, and limitations of liability.
1.2 Thunderstruck Entertainment and/or Boltmedia is authorized to in whole or in part, with immediate effect and without judicial intervention, without any obligation to pay any compensation, dissolve and / or suspend the agreement if:
a. the obligations from the agreement are not, not fully or not fulfilled on time even after Thunderstruck Entertainment and/or Boltmedia has given you a reasonable period to complete the obligations to be met;
b. Thunderstruck Entertainment and/or Boltmedia became aware after the conclusion of the agreement circumstances give good ground to fear that you will fulfill your obligations agreement will not be honored;
c. You have been requested to deliver reassurance that you, the individual(s) or business(es) are able to fulfill the agreement but fail to deliver such reassurance or is not sufficient.
d. The individual(s) responsible to fulfill this agreement lose their own life.
e. Suspension of payment proceedings has been applied for, bankruptcy has been filled or debt restructuring/seizure to you, the individual(s) and/or business(es).
f. circumstances arise that are of such a nature that compliance with the agreement is impossible or unchanged maintenance of the agreement cannot reasonably be expected from Thunderstruck Entertainment and/or Boltmedia.
1.3 If Thunderstruck Entertainment and/or Boltmedia terminates the agreement in connection with the reasons stated in the in the preceding paragraph, all claims against the entire remaining contract period of all agreements that you have concluded with Thunderstruck Entertainment and/or Boltmedia, immediately claimable.
1.4 If Thunderstruck Entertainment and/or Boltmedia suspends the Service and/or work on any products, Thunderstruck Entertainment and/or Boltmedia retains all claims arising from the law and the agreement and you remain obliged to honor these claims respectively.
1.5 The customer is responsible for downloading stored data or backups for the service given by us. Thunderstruck Entertainment and/or Boltmedia has the right to immediately after the date on which the agreement is terminated, block access to all accounts associated with this service and/or product and terminate or cancel access to information that is associated with that service and/or product or delete that information in its entirety.
article i: Applicable law
1.1 This agreement is governed by the laws of the Netherlands
article j: Reserve right to change
Article k: Attachments
If you have any questions about this agreement, please feel free to contact us at firstname.lastname@example.org