Taking into account that;
24Trains.tv is an LLC liaised with 24 Media Licensing
24 Media Licensing LLC is the Processor of Personal Data of 24Trains LLC
24 Media Licensing is the licensor for 24Trains.tv's service
For the purposes of these terms and conditions, the following definitions shall apply:
the account of the User, which gives him access to the Service;
the carrier of electronic credit, published or enabled by 24 Media Licensing LLC, regardless of the physical or digital shape in which the issue takes place;
Service and Subscription
the services offered by 24 Media Licensing LLC as specified in section 3
the amount that is saved and managed by 24 Media Licensing LLC for payment of the Service;
each natural or legal person using a Service from 24 Media Licensing LLC, for example as a subscriber, a purchaser of credit or the opposite party in any agreement with 24 Media Licensing for which the latter party provides services or goods;
increasing of the Electronic Credit by exchanging currency or scriptural money;
the entirety of offline and online connections with the Service of 24 Media Licensing LLC, among which the Website, web applications, mobile applications and appliances;
24 Media Licensing LLC
the private limited company 24 Media Licensing LLC;
Terms and Conditions
these terms and conditions of use;
www.24trains.tv and the subdomains and webpages associated with it. Definitions can be used in the singular and plural;
The online web shop selling 24Trains fan gear commissioned to be exploited by and under the conditions of ID&T Merchandise LLC.
- These terms and conditions of use are applicable to all offers, propositions and other legal relations between 24 Media Licensing LLC and her subsidiaries and a User. The terms and conditions remain applicable even after the termination of the legal relation which has led to the application of these terms and conditions.
- Any reference to general or particular terms and conditions of the User shall be rejected and expressly declared not to be applicable, except where 24 Media Licensing explicitly and unconditionally accepts the general or particular terms in writing.
- The annulment or the nullity of any provision of these general delivery conditions is without prejudice to the validity of the other provisions of these terms and conditions of use.
- In the case of annulment or invalidation of any stipulation of these terms and conditions, the stipulation of which the intent most approaches the annulled stipulation shall be regarded as valid.
- Any deviations from these terms and conditions of use at any time applied or tolerated by 24 Media Licensing to the benefit of the User, shall never entitle the User to invoke them at a later date, or take the application of such an exemption for granted.
3 24 MEDIA LICENSING SERVICE
- The service of 24 Media Licensing and liaisons consists of collecting and sharing content in the broadest sense of the word in niche areas of interest. Via the platform, after logging in to their account, Users can get access to a broad variety of content, merchandise and other offers directly in the area of interest. 24 Media Licensing determines the ways in which the content and promotions are offered.
- The User chooses the type of subscription that suits him or her. The Platform will mention the indicative content of the expected content chosen by the User. No rights can be derived from this indicative content.
4 ACCESS TO THE SERVICE
- Under the terms and conditions as stated in these terms and conditions, 24 Media Licensing grants the User the limited, personal, revocable, non-exclusive, non-transferable (not even through a sublicense) rights to access and use of the Service and the Website. The User is entitled to see the content and use it for personal, non-commercial purposes within the purpose of the Website.
- On the Website, the User will be shown how, and under which conditions the Service will effectively be used.
- In order to use the Service, the User needs to create an Account as indicated on the Website. The User will ensure 24 Media Licensing that the information supplied during the creation or changing of his Account is personal, complete, actual and correct. The User is responsible for the correctness and completeness of the data provided as well as its correction and/or any additions. The User is responsible for keeping his data up to date. In turn, 24 Media Licensing is responsible for processing the personal data in a correct manner after these have been left by the User through agreeing to our opt-in. The corresponding privacy statement can be found on our site and in the app.
- The User is responsible for the correct use of 24 Media Licensing's platform. 24 Media Licensing is by no means responsible for any damages caused through the wrong use of its platform.
- The User indemnifies 24 Media Licensing and her liaisons from claims of third parties based on unauthorized use of the Service.
The Subscription will be activated after the User has accepted the offer by:
creating an account;
selecting a Subscription and
providing all the necessary (payment) details;
The User complies with the set conditions after 24Trains has sent a confirmation of the Subscription per mail.
The User can take advantage of the services as soon as the Subscription has been activated.
- While registering on the Website, the User needs to provide login data with which access can be gained to his Account. For this, the terms and conditions in our privacy statement are applicable.
- The User is obligated to keep his login details secret. The User is not allowed to share his login details with third parties or to somehow otherwise give third parties access to his Account. The User is responsible for all the usage of the Service made via the login data. 24 Media may assume that the User is actually the person who logs in using his login details.
- In case of misuse of the Website or an Account, 24 Media Licensing reserves the right to restrict access, remove the account or take any other appropriate measures, without this leading in whatever manner to any right to compensation and/or restitution. It is to be decided by 24 Media Licensing if there is indeed a situation as mentioned above.
- The User must notify 24 Media Licensing of unauthorized use of his account, without derogation from his obligation to take effective measurements immediately, such as changing the login details.
- 24 Media Licensing and her liaisons are not liable for damages resulting from any unauthorized access to or use of the Website and/or Service by third parties.
- 24 Media Licensing and her liaisons do not accept any liability for compliance of these Terms and Conditions by other Users.
- The User can cancel his monthly Subscription at any time towards the end of the Subscription. In that case, the monthly subscription will not automatically be renewed.
- The User can cancel his Subscription monthly for an indefinite period.
- The User can cancel his 6-month or annual Subscription at any time. In this case, the 6-month or annual Subscription shall not automatically be converted into a monthly Subscription for an indefinite period of time when the contract period for the annual Subscription ends.
- Notice of termination can be given by cancelling the current Subscription on the 'profile page' of the 24Trains.tv User's Account.
When purchasing a gift subscription, the consumer must immediately meet their payment obligation via the offered payment methods.
The gift subscriptions will end automatically after the contract period and will thus not be renewed automatically.
6 RATES FOR SERVICES
24 Media Licensing mentions the rates for her Services on the Platform. When using the Service, the User is shown the price in Electronic Currency. For the purchase of Electronic Credit, the price will be shown in euros or in the locally applicable currency.
All compensations include sales tax (VAT), unless explicitly stated otherwise.
7 TRANSPARENCY OF PAYMENT AND ELECTRONIC CREDIT
24 Media Licensing uses a subscription system on her platform. These subscriptions can be purchased and represent a virtual value which can be used to enjoy services within the platform. The physical payment gives the User access to their own account and the services.
The Credit as mentioned here represents the (leftover) time available to the User in days/months/years on the platform.
- The User is required to make payments for the Services using Electronic credit which was purchased earlier and is registered in his Account. The method of payment using Electronic Credit shall be made in the manner and according to the rates and conditions as stated on the Platform.
- In cases where the User makes a payment commitment, other than stated in the first paragraph, all monies must be paid within 14 (fourteen) calendar days after the commencement date. The User is entitled to any deduction, discount, suspension or settlement in case 24 Media Licensing is not able to comply with their obligations. 24 Media Licensing does explicitly have the right of suspension and set-off in case the User does not comply with their payment obligations towards 24 Media Licensing. The day of payment is the day on which the payment is credited to the bank account of 24 Media Licensing.
- If the User fails to pay within the term mentioned in the first paragraph, he will be in default by operation of the law and 24 Media Licensing will be entitled to charge the statutory commercial interest rate from that moment on.
- If the User fails to pay within the term mentioned in the second paragraph, the User shall be held liable to compensate all actual judicial and extra-judicial (collection) expenses made by 24 Media Licensing. The compensation of the expenses is not limited to the costs of the procedure possibly awarded by the court.
- In case multiple Users make a shared commitment towards 24 Media Licensing, they are severally liable for the payment of the amount, the outstanding interest(s) and costs.
9 ELECTRONIC CREDIT AND RECHARGING
- An Electronic Credit has no credit space. It only gives access to the Service on the Platform. If the User has a negative Electronic Credit, he must settle this within 3 (three) days. The User must therefor have sufficient Electronic Credit in his account at all times.
- All payments must to be made through 24 Media Licensing's systems. The data as recorded in 24 Media Licensing's systems constitute complete proof of the Electronic payment and recharge transactions, subject to contrary evidence.
- 24 Media Licensing does not reimburse interest on the Electronic Credit, for whatever reason.
- Recharge and payment transactions may only be performed through means of the Platform. A recharge or payment transaction is irrevocable.
- 24 Media Licensing warrants the User that when Recharging in accordance with the applicable instructions, 24 Media Licensing is entitled to charge reasonable fees for a transaction. These costs will be communicated to the User in the usual way.
- 24 Media Licensing does not issue a refund of the Credit. However, when canceling his Account, the User can transfer his Credit to another User of his choice or to charities to be designated by 24 Media Licensing.
- The Electronic Credit can not be converted into physical means of payment or other types of credit but can only be used as a means to make use of the Service within the Platform itself.
- The Credit will expire automatically 30 days after the cancellation of the account.
10 DISSOLUTION OF AGREEMENT
- 24 Media Licensing is allowed to terminate the agreement with the User unilaterally and without notice if:
- the User acts contrary to the provisions in these Terms and Conditions or to the provisions that have been declared applicable;
- the User does not completely or correctly comply with his obligations towards 24 Media Licensing or declares his intention to not comply;
- 24 Media Licensing is forced to do so by a court ruling or if the Service is prohibited by law or made impossible, technically or economically;
- 24 Media Licensing decides to discontinue its business;
- the User goes bankrupt or files for bankruptcy or in case of suspension of payments or legal debt rescheduling;
- the User deceases;
- 24 Media Licensing cannot reasonably be required to maintain the agreement.
24 Media Licensing is never liable for any damage arising out of a termination as described in the preceding paragraph in this section.
11 RIGHT OF WITHDRAWAL
If the User exercises his right of withdrawal, he should announce this within the statutory reflection period by sending an e-mail to firstname.lastname@example.org.
12 EXCLUSION OF LIABILITIES
- The Service offered by 24 Media Licensing will be provided on an 'as is' and 'as available' basis.
- 24 Media Licensing explicitly does not issue any warranty:
- for the appropriateness of the service for the purposes of the User;
- for the accuracy of the data provided by third parties, such as the User;
- that the Service fulfills the User's expectations;
- that the Service is accessible at all times, without interruptions, timely, secure, error-free, accurate, reliable, free of viruses and malware.
- Media Licensing does not accept any liability for possible delays of the Service.
- 24 Media Licensing has exercised due diligence and shall endeavor to ensure that the information provided on the Platform, the Website and other expressions is correct and complete. However, 24 Media Licensing excludes all liability for:
- incorrect, incomplete and missing information and/or typographical errors on the Website and within the Platform;
- any damages arising out of or connected with changes in the information shown on the Website and/or caused by unrightful use of this Website by third parties or otherwise;
- damages arising out of or connected with whether or not gaining access to, or whether or not using of the Platform, or whether or not using the information published on it.
- Furthermore, 24 Media Licensing is not responsible and/or liable for websites of third parties, including locations the Website refers to with links and referrals to the Website. The use of those websites can be subject to additional terms and conditions determined by the administrators of those websites.
- 24 Media Licensing is never liable for consequential damages, including consequential loss, lost profits, loss of savings, and loss caused by interruption of operations, late or defective performance by 24 Media Licensing and damages resulting from (contractual) penalties.
- \All rights of legal actions and other powers towards 24 Media Licensing, for whatever reason, will expire one year after completion of the commission and furthermore if they have not been committed in writing and stating reasons by 24 Media Licensing within a month after the moment this person was aware or could reasonably have been aware of the facts on which his rights and powers are based.
13 INTELLECTUAL PROPERTIES
- 24 Media Licensing LLC retains all intellectual property rights to the Platform, the name '24 Media Licensing' and the concept of 24 Media Licensing.
- The User shall not develop nor offer any works derived from the Platform. The User will refrain from changing, translating, recreating, attempting to derive source code from a part of the Platform, creating derivative works or arranging for such actions to take place.
14 COPYRIGHT AND CONTENT RIGHTS
Using the services may require uploading of material. The Intellectual Property Rights of the content uploaded to 24 Media Licensing or her liaisons by the User remains the property of the User. 2
4 Media Licensing and her liaisons will automatically receive a free-of-charge, worldwide, perpetual, sublicensable and transferable license for each use of the user content in all current and future media unless the User and 24 Media Licensing and/or her partners have agreed differently in writing. This transference is irrevocable. This authorizes 24 Media Licensing and her liaisons to use your content and exploit it (or let it be exploited) via media including social media and websites.
While uploading, the User guarantees that the content does not breach the (intellectual property) rights of third parties. In case the content shows a third person recognizable in image and/or writing, the User guarantees that there is (if required) permission given by this third person and safeguards 24 Media Licensing and her liaisons from claims resulting from this. 24 Media Licensing and her liaisons will be safeguarded by the User from all possible claims by third parties resulting from supplying this content.
15 CONTENT FROM THIRD PARTIES
Certain content, products and services that are available via the Platform may contain material from third parties.
Links from third parties on this site may refer to websites from third parties that are not liaised with us. 24Trains.tv is not responsible for investigating or evaluating the content or accuracy and we do not warrant nor are we liable or responsible for materials or websites from third parties, nor for other materials, products or services from third parties.
24Trains.tv is not liable for damages in regard to the purchase or use of items, services, means, content or other transactions that are carried out in connection with websites from third parties. Please read the policy and practices from third parties carefully and make sure you understand them before undertaking a transaction. Complaints, claims, concerns or questions in regard to products from third parties should be addressed to the third party.
Supplementary to section 15 - content from third parties - we would like to make the users of the Shop aware of the fact that it is exploited by a third party. Leaving your (personal) data and executing transactions when making a purchase will occur under this party's terms and conditions, i.e. ID&T Merchandise LLC. The terms & conditions and privacy statements that apply can be found on the website of this provider.
17 DIGITAL MILLENNIUM COPYRIGHT ACT
The DMA procedure for notice and takedown of content is a tool for copyright holders to remove from their websites any material that infringes on their copyrights, uploaded by users.
The procedure is as follows: the copyright holder (or the copyright holder's representative) sends a takedown notice to the service provider, requesting that the content that infringes on their copyright(s) be removed. A service provider can be an internet provider (AWS, for example), a website operator (for example, 24Trains.tv), a search engine (for example, Google), a webhost (for example, GoDaddy) or any type of website operator. There are several elements that need to be included in the takedown notice as specified by copyright law. If the majority of these elements has not been included, the service provider has the right to refuse to take down the material. Even if a takedown notice meets all the legal requirements, the service provider may still refuse to take down the material. In that case, however, the service provider may be held liable secondarily for accommodating copyright infringement.
24Trains.tv does everything in its power to respect everybody's rights. In case you find that our site does happen to feature content to which we obviously do not own the rights, please contact us.
For more information about DMCA: https://copyrightalliance.org
19 FAIR USE
In case a User - in the reasonable opinion of 24 Media Licensing - makes excessive use of the services of 24Trains, the User can be requested to reduce his usage.
In case the User does not comply with 24 Media Licensing's request to reduce his usage, 24 Media Licensing reserves the right to (temporarily) block and/or cancel the Subscription.
In addition, 24 Media Licensing reserves the right to (temporarily) block and/or cancel the Subscription if the services provided are misused or used in any way they were not intended for. This includes, among others, exhibiting them outside the domestic sphere, downloading, storing, distributing and infringing on the intellectual property rights of the online content.
24 Media Licensing also reserves the right to completely recover the (consequential) damages suffered by the User and /or her partners from the relevant User.
19 INTELLECTUAL PROPERTY
All rights of intellectual property relating to the website and the online platform remain solely with 24 Media Licensing and/or her partners and are under no circumstances transferred to the Consumer.
20 COMPETENT COURT AND APPLICABLE LAW
- The court in the location where 24 Media Licensing has its registered office has jurisdiction to examine any disputes between the parties.
- Dutch law is applicable between the parties, complemented by mandatory European and International legislation.