Terms and Conditions

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This agreement applies as between you, the User of this Website and ParticleByte BV, Lange Voort 213, 2343CD Oegstgeest, The Netherlands, the operator of www.particlebyte.com (this “Website”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1. Intellectual Property

1.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ParticleByte, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Dutch and International intellectual property and other relevant laws.

1.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by ParticleByte.

2. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of ParticleByte or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

3. Privacy

     3.1. For the purposes of applicable data protection legislation, ParticleByte will process any personal data you have provided to us in accordance with our Privacy Policy available on the ParticleByte website or on request from ParticleByte.

     3.2. You agree that, if you have provided ParticleByte with personal data relating to a third party 

           3.2.1. you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to ParticleByte and 

           3.2.2. that you have brought to the attention of any such third party the Privacy Policy available on the ParticleByte’s website or otherwise provided a copy of it to the third party. 

     3.3. You agree to indemnify ParticleByte in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

4. Disclaimers

4.1. ParticleByte makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our website.

4.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

5. Availability of the Website

5.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.

5.2. ParticleByte accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

6. Spam Policy

You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

7. Acceptable Use

     7.1. 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 ParticleByte.

     7.2. You further agree not to use the Website or Services:

       7.2.1. to harass, abuse, or threaten others or otherwise violate any person's legal rights.

       7.2.2. to violate any of our intellectual property rights or any third party.

       7.2.3. upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

       7.2.4. to perpetrate any fraud.

       7.2.5. to publish or distribute any obscene or defamatory material.

       7.2.6. to publish or distribute any material that incites violence, hate, or discrimination towards any group.

       7.2.7. to unlawfully gather information about others.

8. Assumption of Risk

     8.1. The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on our website is not intended to be general advice, medical advice, or advice of any kind, and no fiduciary relationship has been created between you and us.

     8.2. You further agree that your purchase of any of the services on the Website is at your own risk. 

     8.3. We do not assume responsibility or liability for any information given on the Website.

9. Limitation of Liability

9.1. To the maximum extent permitted by law, ParticleByte accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

9.2. Nothing in these terms and conditions excludes or restricts ParticleByte’s liability for death or personal injury resulting from any negligence or fraud on the part of ParticleByte.

9.3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Dutch Civil Code and the Unfair Contract Terms Directive (93/13/EEC). However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

10. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

11. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

12. Notices

All notices shall be given to us by email to hello@particlebyte.com. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

13. Law and Jurisdiction

These terms and conditions and the relationship between you and ParticleByte shall be governed by and construed in accordance with the Law of the Netherlands and ParticleByte and you agree to submit to the exclusive jurisdiction of the Courts of Oegstgeest.

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