Terms and Conditions

HE AGREEMENT: The use of this website and services on this website provided by Emotion-productions (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).

 

DEFINITIONS
“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided
to you by the Website.

 

We,” “us,” and “our” are references to EMOTION-PRODUCTIONS.COM.

User,” “You,” and “your” denotes the person who is accessing the website for taking or availing of any
service from us. User shall include the company, partnership, sole trader, person, body corporate, or
association taking services of this Website.

 

Website” shall mean and include emotion-productions.com and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

    • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS

 

    • LIMITATIONS OF OUR LIABILITY TO YOU; AND

 

  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING
    MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN
    AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND
COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy,
then please cease using the Services immediately. We reserve the right to change these Terms at any
time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after
updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS
AND OUR PRIV

AGE RESTRICTION

You must be at least 13 (Thirteen) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age

ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified orupdated. Please ensure that you check theapplicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.

QUOTATIONS AND OFFERS

    • Unless otherwise specified in the quotation, the User's quotations and offers are without
      obligation. A quotation or offer expires if the product to which it relates becomes unavailable in
      the interim.

 

    • The User is not obligated to adhere to its quotations or offers if the Other Party can reasonably
      conclude that the quotations or offers, or a portion thereof, contains an obvious error or
      omission.
    • Unless otherwise specified, the prices stated in a quotation or offer are exclusive of VAT and
      other government levies.
    • If the acceptance deviates in any way from the quotation or offer, the User is not bound by it.
      Unless the User indicates otherwise, the agreement will not be concluded in accordance with
      this deviating acceptance
    • A composite quotation does not obligate the user to complete all the assignments for the stated
      price. Offers and quotations do not apply automatically to subsequent orders.
CONTRACT DURATION; DELIVERY TIMES

    • The User and the Other Party enter into an agreement when the Other Party approves in writing
      the User's order confirmation.

 

    • Unless the nature of the agreement requires otherwise or the parties expressly agree in writing,
      the agreement between the User and the Other Party is for an indefinite period
    • • The customer must Pay 50% upfront when placing an order.
    • If a period has been agreed upon or specified for the completion of specific work or the delivery
      of specific items, this is never a strict deadline. If a term is breached, the Other Party must notify
      the User in writing of the breach. The user must be offered a reasonable term to continue with
      the agreement
    • If the User requires information from the Other Party to execute the agreement, the
      implementation period will not begin until the Other Party makes this information correctly and
      completely available to the User.
    • The User's company is the point of delivery. The Other Party is required to accept delivery of the
      goods immediately upon their availability. If the Other Party refuses to accept delivery or is
      negligent in providing necessary information or instructions for delivery, the User is entitled to
      store the goods at the Other Party's expense and risk
    • The user has the right to delegate certain tasks to third parties.
    • Unless otherwise agreed, the user is entitled to execute the agreement in phases and to invoice
      each phase separately
    • If the agreement is phased, the User may suspend execution of those portions that pertain to
      the subsequent phase until the Other Party has approved the results of the preceding phase in
      writing and paid the associated invoice(s)
    • If it becomes apparent during the agreement's execution that it needs to be amended or
      supplemented, the parties will adjust the agreement in a timely and mutually consultative
      manner. If the agreement's nature, scope, or content is altered, whether at the request or
      instruction of the Other Party, competent authorities, or others, and the agreement is altered
      qualitatively and/or quantitatively; as a result, this may have implications for what was originally
      agreed. As a result, the amount agreed upon initially can be increased or decreased. As much as
      possible, the User will provide a price quote in advance. Additionally, by amending the
      agreement, the term of execution specified in the original can be altered. The Other Party
      acknowledges the possibility of amending the agreement, including price and term of execution
      changes.
    • If the agreement is amended, including an addition, the User may implement it only after
      receiving approval from the authorized person within the User, and the Other Party agrees to
      the price stated for implementation and other terms, including the time to be determined when
      it will be implemented. Not executing the amended agreement or failing to do so promptly does
      not constitute a breach of contract on the part of the User, nor does it constitute a basis for the
      Other Party to terminate the agreement. Without being in default, the User may refuse to
      amend the agreement if doing so would have a negative qualitative and/or quantitative impact
      on the work to be performed or the goods to be delivered in that context
    • If the Other Party fails to perform its obligations to the User properly, the Other Party is liable for
      any damage (including costs) sustained by the User as a result, whether direct or indirect. If the
      User and the Other Party agree on a fixed price, the User is always entitled to increase this price
      without the Other Party having the right to terminate the agreement for that reason.
    • If the Other Party enters into the agreement on behalf of another natural or legal person, it
      expressly declares that it has the authority to do so by doing so, whether pursuant to a power of
      attorney. Along with this (legal) person, the Other Party is jointly and severally liable for the
      performance of the agreement's obligations
SUSPENSION, DISSOLUTION, AND EARLY TERMINATION

The User is authorized to suspend performance of the agreement’s obligations or to terminate the
agreement if: – the Other Party fails to fulfill its obligations under the agreement, either completely or
on time; – circumstances that have come to the User’s attention after the agreement’s conclusion
provide reasonable grounds to fear that the Other Party will fail to fulfill its obligations; – the Other Party was requested to provide security for the fulfillment of its obligations when the agreement was
concluded.

    • Additionally, the User is authorized to terminate the agreement if circumstances arise that
      render the fulfillment of the agreement impossible or if other circumstances arise that render
      the User's continued compliance with the agreement unreasonable

 

    • If the User terminates the agreement, all claims against the Other Party become immediately
      due and payable. If the User suspends the performance of the obligations, he retains his legal
      and contractual rights.
    • if the User suspends or dissolves the Agreement, he is under no obligation to compensate for
      any damage or costs incurred in any way
    • If the Other Party is responsible for the dissolution, the User is entitled to compensation for any
      damages, including costs incurred directly or indirectly as a result.
    • If the Other Party fails to fulfill its contractual obligations and this failure justifies dissolution, the
      User has the right to terminate the agreement immediately and without any obligation to pay
      compensation or indemnification, whereas the Other Party is obligated to pay compensation or
      indemnification because of the breach of contract.
    • In the event of liquidation, (application for) suspension of payments, or bankruptcy, attachment
      – if and to the extent that the attachment is not lifted within three months – at the expense of
      the Other Party, debt restructuring, or any other circumstance preventing the Other Party from
      freely disposing of his assets, the User is free to terminate the agreement with immediate effect
      or to cancel the order or agreement, without incurring any liability on his part. The User's claims
      against the Other Party become immediately due and payable in that case.
    • If the Other Party cancels an order in whole or in part, the Other Party will be charged in full for
      the goods ordered or prepared for that purpose, as well as any delivery, removal, and delivery
      costs, as well as the working time reserved for the execution of the agreement
ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of emotion-productions.com.

    • You further agree not to use the Website or Services:

 

    • To harass, abuse, or threaten others or otherwise violate any person's legal rights/li>
    • To violate any of our intellectual property rights or any third party.
    • To upload or otherwise disseminate any computer viruses or other software that may damage
      the property of another.
    • To perpetrate any fraud.
    • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
    • To publish or distribute any obscene or defamatory material.
    • To publish or distribute any material that incites violence, hate, or discrimination towards any
      group.
    • To unlawfully gather information about others.
INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Emotion-productions,
including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”).
You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or
Uniform Resource Locators (URLs), without express written permission from us.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Emotionproductions and its affiliates and/or related entities, whether direct or indirect, current, former or
future, and its and their respective current, former, or future officers, directors, employees, agents,
successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Emotion-productions. Emotionproductions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Emotion-productions in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or
timeliness of information listed by us or any third parties, and (B) shall not be responsible for any
materials posted by us or any third party. You shall use your judgment, caution, and common sense in
evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the emotion-productions.com Website, including loss of data or information or any kind of financial or physical loss or damage

In no event shall Emotion-productions, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequentialfrom (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any
Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied
warranties of any kind, including but not limited to the implied warranty of fitness for a particular
purpose and the implied warranty of merchantability. We make no warranties that the Website or
Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your
computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GOVERNING LAW AND JURISDICTION

This website originates from the Netherlands. The laws of the Netherlands. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the Netherlands. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

SEVERABILITY

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any
matter, you may do so via the contact us or email us at info@emotion-productions.com .

Emotion-productions

Netherlands