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We do not request consent for functional cookies and for cookies from Google Analytics (see below). For all other cookies we will request consent before placing them on your device.
Our website uses session cookies. These session cookies are used by default, by the software used to create our website. These session cookies mostly ensure a comfortable and undisturbed usage of our website. The session cookies are deleted automatically from your device when you close the browser. The website also uses session cookies to determine whether you are logged in.
Through our website we place a cookie from the American company Google, as part of the “Google Analytics” service. We use this service to track and create reports on the usage statistics of the visitors to our website. We have a processing agreement with Google which forbids them from using the obtained Analytics information for other Google services. In addition to that we have disabled passing along IP-addresses to Google through the Google Analytics service.
With your consent we use “retargeting cookies” of Facebook. When you visit websites of third parties, which third parties use Facebook, we can show you ads related to your prior visits to our website.
Usually it is possible to delete the cookies through the browser settings. More information regarding turning cookies on or off and/or deleting cookies, you may find in the instructions of your browser or through the help functionality of your browser.
Your rights under this Agreement will automatically and immediately terminate if you fail to comply with your promises and obligations stated in this Agreement. You understand and agree that upon termination of this Agreement or termination of your use of the Services, we retain the license rights granted to us under this Agreement. Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in your Account for fourteen (14) days after the termination of your Account. After fourteen (14) days, we may delete your information from our servers except as required by law or as otherwise agreed to between you and us. You understand that if you want to use our Services after termination of your Account, you may need to re-register with us.
Without limiting other remedies, we also reserve the right to take technical steps against a User, including suspending or terminating the User’s Services or Accounts or delaying or removing any Content, as well as the right to take legal steps against a User, if we think that a User is creating possible legal liabilities, infringing the intellectual property rights of us or third parties, acting in violation of this Agreement, or acting inconsistently with the letter or spirit of our policies.
In the event that Customer has a monthly subscription with C-Facts, Customer may terminate its use of the Services by providing at least 30 days’ written notice of its intent to terminate.
PAYMENT OF FEES
You will pay to C-Facts all license fees at the published levels, found at https://C-Facts.com/pricing, no later than thirty (30) days after you receive an invoice, unless you have a written agreement with express pricing terms executed by an authorized C-Facts representative. C-Facts retains the right to change the published pricing at any time with notice to users.
C-Fact’s fees do not include any taxes like import or export fees, duties, or similar charges, all of which are your responsibility. Where VAT charge is mandatory C-facts will invoice that.
Disclaimers, limitations and exclusions of liability; indemnification
The services and all information, content, materials and services related to the foregoing are provided ”as is” and “as available,” without warranties or guaranties of any kind, either express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non interference, system integration and accuracy of data. C-Facts and/or our third party suppliers or licensors do not warrant that the system, content or any materials or services available on or through the services or through C-Facts are or will be accurate, current, error-free, virus free, reliable or appropriate for any particular use to which you or any third party may choose to put them, that the system is or will be available on an uninterrupted and error-free basis or that defects will be corrected. C-Facts is not the provider of, and makes no warranties with respect to, any third-party offerings. C-Facts does not guarantee the security of any information transmitted to or from the system; and you agree to assume the security risk for any information you provide using the services.
LIMITATION OF LIABILITY
Use of the services is at your own risk. In no event will C-Facts be liable for any indirect, idental, consequential, punitive or special damages, whether or not such damages were foreseeable and even if C-Facts was advised that such damages were likely or possible.
in no event will the aggregate liability of C-Facts to you for any and all claims arising out of or in connection with this agreement, the services, or the use of the services exceed one hundred u.s. dollars (u.s.d. $100.00). you acknowledge that this limitation of liability is an essential term between you and C-Facts relating to the provision of the services and C-Facts would not provide the services to you without this limitation. you agree that we will not be liable to you or any other party for any termination of your access to the services or deletion of your account or content.
Without limiting the foregoing, under no circumstances shall C-Facts or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from forces of nature, or causes beyond its reasonable control, including internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless C-Facts, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (luding but not limited to attorney’s fees) arising from: (i) your use of and access to the
Services; (ii) your violation of any term of this Agreement; or (iii) your violation of any third-party right, including any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Services.
MODIFICATIONS TO TERMS
We may change this Agreement from time to time. Any such changes will become effective when posted on www.C-Facts.com. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Agreement, inclusive of such changes.
We reserve the right to modify the System and/or Services at any time without notice. If you object to any changes to the System or Services, your sole recourse will be to cease using them. Continued use of the System or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the System and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the System or the Services.
This Agreement will be subject to and construed in accordance with the laws of the Netherlands excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against C-Facts must be resolved exclusively by a court located in Amsterdam, The Netherlands. You agree to submit to the personal jurisdiction of the courts located in Amsterdam for the purpose of litigating all such claims or disputes. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand euro’s (€10.000,00), you agree that C-Facts may, in its sole discretion, elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event C-Facts elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by C-Facts. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or through written submissions, (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
The communications between you and C-Facts use electronic means. For contractual purposes, you (a) consent to receive communications from C-Facts in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that C-Facts provides to you electronically have the same effect as if they were provided in writing and signed by you in ink. The foregoing does not affect your non-waivable rights.
Except as otherwise specifically provided in this Agreement, in the event of a conflict between the terms and conditions of this Agreement and any separate services agreement (“Services Agreement”) executed by You and an authorized C-Facts representative, as they apply to the relationship between C-Facts and You, the terms and conditions of that separate Services Agreement shall govern.
You agree to comply with all laws, rules and regulations that apply to your use of the Services. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you without prior written consent from us but may be assigned by C-Facts without restriction.