Welcome to Besized. These Terms of Service (the "Terms") are a binding legal agreement between you and Besized B.V. ("Besized" or "we"), regarding your use of services available at the website at besized.com and our service available through our applications (the website and services are collectively referred to as the "Service"). Please read these Terms carefully. In addition, when using certain features of the Service, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control. We may periodically make changes to these Terms with or without notice, as the Service and Besized are continually evolving. We may notify registered users by email of any material changes to these Terms, so please keep your registered email address current. By downloading and installing the application or accessing or using the Service, you accept these Terms and any modifications that we may make to these Terms.
It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Terms for your use of the Service as of the date of the modification. If you do not agree to any provision of these Terms, you must not use the Service.
1. The Service
Besized is a provider of (mobile) applications and web services that help you find the right size when shopping for (children’s) clothes.
You must be 13 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 13 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Services are not intended for or directed to children under the age of 13.
3. Account Registration
You must register to use certain features of the Services. When you register, you agree to:
- provide accurate, current and complete information about you as may be prompted by registration forms on the Service ("Registration Data");
- maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and
- maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You may log onto the Service via Facebook Connect. If you log in via Facebook Connect, the Facebook profile information connected to the account you use to log into the Service, including your name, will be used as your username for the Service. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at email@example.com.
4. Fees; No Refunds
We may charge fees for certain services ("Paid Services"). Besized reserves the right to implement fees or change the fees for certain Services at any time by providing you notice on the Service or otherwise.
When you purchase any Paid Services, you authorize Besized to charge for the Paid Services (including any applicable taxes) or to transfer the charging to its third party payment processors (i.e. a credit card company or another payment service).
You declare that you are the rightful owner of the means of payment and warrant that you are authorized to use
All applicable fees for your purchase in euro’s, including all applicable taxes. If Besized does not receive payment, you agree to pay all amounts due upon demand and Besized may suspend your access to the Services. You may cancel your account at any time. All sales are final and Besized will not issue refunds, including for prepaid monthly fees.
5. Use Restrictions
You will not:
(a) use the Service for any commercial purpose;
(b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without the express written permission of Besized;
(c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
(d) deep-link to any portion of the Service for any purpose without our express written permission;
(e) "frame," "mirror," or otherwise incorporate any part of the Service into any other website without our prior written authorization; or
(f) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
6. Modifications to the Service
Besized reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
7. Term and Termination
Your account remains in effect unless you cancel it or unless Besized terminates your account as provided by these Terms. To terminate your account, please email Besized at firstname.lastname@example.org. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively "Submissions"), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Submissions for any purpose without compensation or attribution to you.
9. Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright or other intellectual property rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement or infringement of your intellectual property (e.g., trademark infringement or right of publicity), please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or other intellectual property interest; (2) a description of the copyrighted work or other interest that you claim has been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including all applicable URLs within the Service where such material appears; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the copyright or other intellectual property right, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.
If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the owner of the intellectual property, the owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) Your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court district court where you are located (or, if you are located outside the United States, any judicial district in which Besized may be found) and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing this person that the removed content may be replaced or access to the content restored in 10 business days. Unless the copyright owner or owner of the intellectual property files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
1850 AG Heiloo
Besized, the Besized logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of Besized and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services (except with respect to Submissions). Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
12. Third-Party Content
We may email or provide you coupons, offers, and other specials from Besized or from third parties (collectively "Promotions"). Besized is not responsible for the redemption, errors, omissions, or expiration of Promotions from third parties. Promotions may expire, and are otherwise subject to change without notice. We have no control over their legality or the ability of any third party to complete a Promotion (including the sale in accordance with the offer).
The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You will defend, indemnify and hold harmless Besized, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
15. Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Besized AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Besized DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING Besized THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16. Limitation of Liability
NEITHER Besized NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Besized OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF Besized AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the Netherlands, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the rules of the Netherlands Law Courts. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the Netherlands and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by the Netherlands law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms, including all Policies, constitute the entire agreement between you and Besized concerning the Service. These Terms supersede all prior agreements or communications between you and Besized regarding the subject matter of these Terms.
19. Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact Besized through our website by going to: www.besized.com/contact or writing us at:
1850 AG Heiloo