Preamble

This compendium of stipulations, hereinafter referred to as the “Terms and Conditions” (“Terms”), delineates the contractual obligations and rights governing the engagement between the entities utilizing the services, digital interfaces, and applications proffered by KallisToys B.V. (hereinafter referred to as “the Vendor”, “we”, “us”, “our”) and the said Vendor. Access to, or utilization of, the aforesaid services mandates unconditional acquiescence to these Terms, thereby engendering a legally binding covenant betwixt the user (“the User”, “you”) and the Vendor. Dissent with any segment of these Terms precludes the utilization of our services.

Article 1: Utilization of the Platform

1.1. The services proffered by the Vendor are exclusively available to individuals who have attained the majority age of eighteen (18) years. Engagement with our services constitutes an affidavit of compliance with this age prerequisite.

1.2. The Vendor hereby bestows upon the User a non-exclusive, non-transferable, revocable license to access and utilize the services for purposes that remain strictly personal and non-commercial, contingent upon adherence to these Terms.

Article 2: Account Obligations

2.1. Certain functionalities of the platform necessitate the establishment of an account by the User. It is incumbent upon the User to furnish information that is not only accurate and current but also comprehensive during the registration process and to perpetually update such information to maintain its accuracy and completeness.

2.2. The safeguarding of the account password and the accountability for any activities or actions that transpire under the account, authorized or otherwise, reside solely with the User.

Article 3: User Comportment

3.1. The User is enjoined from engaging in conduct that is deemed unlawful, infringes upon the rights of third parties, or is otherwise deemed objectionable (e.g., harassment, spamming, dissemination of malware).

3.2. The employment of automated systems or software to extract data from our services for any and/or commercial purposes (‘scraping’) without prior written consent from the Vendor is strictly proscribed and will result in legal action.

Article 4: Intellectual Property Rights

4.1. All proprietary rights, including but not limited to copyright and other intellectual property rights in the services and content provided by the Vendor, such as text, graphics, logos, images, and software, remain vested in the Vendor or its licensors and are protected by copyright and pertinent intellectual property laws.

4.2. The User is expressly forbidden from using, reproducing, modifying, distributing, displaying, or performing any content from our services without securing express written consent from the Vendor or the lawful owner of such content.

Article 5: Limitation of Liabilities

5.1. Under no circumstances shall the Vendor be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, emanating from (i) the User’s access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; or (iii) unauthorized access, use, or alteration of the User’s transmissions or content.

Article 6: Indemnification Clause

6.1. The User hereby agrees to indemnify and hold harmless the Vendor, its affiliates, officers, directors, agents, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s access to the services, violation of these Terms, or infringement by the User, or any third party using the User’s account, of any intellectual property or other rights of any person or entity.

Article 7: Amendments to the Terms

7.1. The Vendor reserves the unassailable right to modify or replace these Terms at any juncture and without prior notification. Should any alterations materialize, the Vendor shall endeavor to promulgate said modifications on the digital platform or through other communicative means. Continuation of access or utilization of the services subsequent to such modifications constitutes unconditional ratification of the revised Terms.

Article 8: Governing Law and Jurisdiction

8.1. These Terms shall be governed by and construed in accordance with the laws of The Netherlands, without giving effect to any principles of conflicts of law. Any disputes arising from or in connection with these Terms shall be adjudicated exclusively in the competent courts of The Netherlands, and the parties consent to the jurisdiction and venue of such courts.

Article 9: Severability

9.1. In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

Article 10: Entirety of the Agreement

10.1. These Terms, together with any policies or operating rules posted by the Vendor on the services or in respect to the services, constitute the entire agreement and understanding between the User and the Vendor and supersede and replace any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the User and the Vendor.