Terms & Conditions
Terms & Conditions
The following terms and conditions (Terms and Conditions) govern your use of this web site, and any content made available from or through the following web sites (Sites), including but not limited to: DMXzone, FLzone, DNzone, FWzone and CFzone
The Sites are owned and operated by Dynamic Zones International B.V. (Dynamic Zones, also known as we or us).
Your use of and access to the Sites indicates your acceptance of these Terms and Conditions.
1. Proprietary Rights
Your use of the Sites does not grant you any ownership or interest in any content, code, data or materials you may access on or through the Sites, or any intellectual property rights subsisting any content, code, data or materials.
If you make other use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided above, you will violate copyright and other laws of the Netherlands, other countries, as well as other applicable laws and may be subject to liability for such unauthorized use.
2. Use of the Sites:
- The content of the pages of the Sites is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Sites for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Sites meet your specific requirements.
- The Sites contain materials which are owned by or licensed to us. This materials include, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of the Sites may give rise to a claim for damages and/or be a criminal offense.
- From time to time the Sites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of the Sites and any dispute arising out of such use is subject to the laws of the Netherlands.
You do not have to be a registered user of the Sites to access them, use the content or their services. However, access to some areas, content and services of the Sites are available for registered users only.
In these Registration Terms:
- Buyer means a user who buys Products made available for sale on the Sites.
- Registered user means a person who is registered as a User, accepts these Registration Terms and that application is accepted by Dynamic Zones.
- User Account means the account granted after registration.
- Payment Agent means any payment agent approved by Dynamic Zones from time to time including, but not limited to, PayPal and Stripe.
- Products means products available for sale on the Sites including, but not limited to, Dreamweaver extensions, website templates, premium content articles, e-books and other creative digital computer files.
- Seller means Dynamic Zones or “us”.
- In these Registration Terms, a reference to “we” or “us” means Dynamic Zones and a reference to “you” or “your” means a Registered User.
2. Registered user
You may only become a Registered User if you are 18 years or older.
You do not have an automatic entitlement to Registration and Dynamic Zones may, at its sole discretion, elect to:
- refuse your application to become a Registered User; or
- once Registration is granted, we are entitled to suspend, terminate or restrict your Registration at any time.
Dynamic Zones is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Registration at any time.
Your Registration is non transferable.
Once Registration is granted you will only be able to access all areas of the Sites with use of the e-mail and password you set up at the time you become a Registered User.
Your email address, name and any other information you provide, such as address and VAT number (EU members only) you provide are held in strict confidence.
You are responsible for each and every access or use of the Sites that occurs in conjunction with the use of your e-mail and password.
Use of your e-mail and password is conclusive evidence that you have accessed the Registration sections of the Sites.
You must use all reasonable efforts to keep your e-mail and password confidential.
You must not allow any third party to access the Sites using your e-mail and password and make use of the Sites on your behalf.
You must notify Dynamic Zones in writing as soon as you become aware of any unauthorized use of your User Account, e-mail or password.
You acknowledge and agree that you are liable for, and will indemnify Dynamic Zones, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Sites as a Registered User.
3. Benefits conferred by Registration
By being a Registered User, you are entitled to:
- buy Products from us;
- participate in online forums;
- generally make use of the Registration section of the Sites;
A reference in these Registration Terms to ‘buying’ of a Product means the acquisition or grant of a license or other right to use a Product.
4. Dynamic Zones’s Role
The Sites are online facility that allows you to participate and buy Products.
5. Availability and Use of the Sites
The Sites will usually be available 24 hours a day, seven days a week or as otherwise stated on the Sites.
Dynamic Zones may, in its absolute discretion, and for any reason, at any time, with or without notice:
- interrupt or suspend your right to access the whole or any part of the Sites; and/or
- alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.
You agree that Dynamic Zones will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
When accessing the Sites (as a Registered User) and using the content and/or the services available on the Sites, you must also comply with any directions, instructions or protocols posted on the Sites from time to time.
6. Fees and Services
You do not have to pay a fee to become a Registered User.
If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 13.
All payments by Buyers on the Sites must be paid through a Payment Agent.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of the Sites wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
7. Registration Information
In the course of your application for Registration and your use of the Sites, you may be asked to provide certain personal information to us (User Information). You promise that the User Information you provide is true, accurate and complete.
Any User Information that you disclose may be used by Dynamic Zones, its agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the Sites.
8. Registered Users' Accounts
When your application for Registration is accepted by Dynamic Zones, you will have a single account that is accessible by you from any of the Sites (User Account).
9. Buying Products
When you buy a Product, you acquire a license to use that Product.
Depending on the use you want to make of a Product, you will need to select the correct license required by you. You are responsible for choosing, and warrant that you have chosen, the correct license to meet your requirements.
If you buy a Product, you do so on the following terms:
- you cannot cancel an order for a Product once the order has been submitted;
- Dynamic Zones does not give any undertaking as to the continued availability of Products offered for sale on the Sites;
- once your order for a Product is accepted, and you pay the fee, you acquire a non exclusive, non transferable license to use the Product in accordance with the conditions of the license that you acquire;
- ownership of the Product remains with the Seller;
- the Product may not be re-sold by the Buyer; and
- payment of the fee will be made at the time of download by deduction from your User Ledger.
You acknowledge and agree that despite Dynamic Zones’s reasonable precautions, Products may be listed with incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Dynamic Zones reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Dynamic Zones will immediately arrange for any payment to be refunded.
Due to the digital nature of the Products offered for sale at the Sites, we maintain a “no refunds” policy for Products which can be previewed by the Buyers (such as audio and graphics). A Buyer may make a claim for a refund if a Product is the one that cannot be previewed (such as WordPress themes, Adobe After Effect Projects, applications) and the Buyer asserts that the Product is not as described, or is broken or is corrupt. The deadline for a Buyer making any refund claim is 30 calendar days after purchase and this claim must be made to the Sales support. We will verify the validity of the claim before a refund is approved.
10. Changes to Registration Terms
Dynamic Zones may, at its sole discretion, revise or change these Registration Terms (in whole or in part) or the content of the Sites from time to time without notice to you.
Changes in the Registration Terms will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.
Your continued use of the Sites and/or the content or services made available on or through the Sites after any changes to the Registration Terms are posted will be considered acceptance of those changes.
11. Relationship between the Parties
Nothing in these Registration Terms:
- constitutes a partnership between the parties; and
- except as expressly provided, makes their party an agent of another party for any purpose.
A party cannot in anyway or for any purpose:
- bind another party; or
- contract in the name of another party.
If a party must fulfill an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.
12. Suspension or Termination
Dynamic Zones may suspend or terminate your registration as a Registered User and deny you access to your User Account immediately if:
- you breach these Registration Terms or any other terms and conditions, agreements or rules governing the Sites;
- Dynamic Zones is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Sites; or
- Dynamic Zones believes that your actions may cause legal liability for you, our other Users or us.
Should Dynamic Zones elect to suspend, terminate or restrict your Registration in any way, you may be prohibited from accessing the Sites temporarily or permanently. In either case, you must not apply for a new User account.
4. Copyright Agent
We respect the intellectual property rights of others, and require that those people who use the Sites, or the services or features made available on or through the Sites, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Dynamic Zones:
- your address, telephone number, and email address;
- a description of where the alleged infringing material is located;
- a description of the copyrighted work that you claim has been infringed
- a statement by you, in which you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- You may print or download to a local hard disk extracts for your personal and non-commercial use only
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
5. Trade Marks
The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Sites, or on content available through the Sites, are registered and unregistered Trade Marks of Dynamic Zones and others.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks displayed on this Site without the prior express written consent of Dynamic Zones or the third party that may own the applicable Trademark.
6. Changes to Terms of and ConditionsWe reserve the right, at any time and without prior notice, to undertake improvements or modifications in respect of the information, services, products and other contents of the Sites. We further reserve the right to modify these terms and conditions at any time.
Your continued use of the Sites and/or the services made available on or through the Sites after any changes to the Terms and Conditions are posted will be considered as an acceptance of those changes.
7. User Information
You are solely responsible for the accuracy and content of User Information.
8. Linking to the Sites
You agree that if you include a link from any other web site to the Sites, such link must link to the full version of an HTML formatted page of the Sites.
You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another web site.
You agree not to link from any other web site to the Sites in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.
9. Third Party Sites.
You may be able to move from the Sites to third party web sites (Linked Sites).
You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
The inclusion of any link to such web sites on our Sites does not imply Dynamic Zones International BV’s endorsement, sponsorship, or recommendation of that web site.
Dynamic Zones International BV disclaims any liability for links to another web site.
- all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
- Dynamic Zones and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- Dynamic Zones does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
- Dynamic Zones does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of Dynamic Zones) will Dynamic Zones or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites.
To the fullest extent permitted by law, Dynamic Zones’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Dynamic Zones to the following:
- in the case of services supplied or offered by Dynamic Zones:
- the supply of the services again;
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Dynamic Zones:
- the replacement of the goods or the supply of equivalent goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods.
11. Prohibited Conduct
You warrant that while using the Sites and the various services and features offered on or through the Sites, you will not:
- use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
- attempt to gain unauthorized access to other computer systems through the Sites.
You must not:
- engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites;
- obtain or attempt to obtain unauthorized access to computer systems, materials or information through the Sites by any means;
- use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
- use the Sites to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Sites;
- use any mechanism, device software or script to affect the proper functioning of the Sites including taking any action which may infect the Sites with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
- take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks connected to the Sites;
- use the Sites or the Sites’ services or features in violation of Dynamic Zones’s or any third party’s intellectual property or other proprietary or legal rights; or
- use the Sites or the Sites’ services in violation of any applicable law.
12. Third Party Developers
Dynamic Zones is aware that third party developers offer applications for use in conjunction with the Sites and that use of these applications may require you to disclose confidential information (such as your Dynamic Zones password and user name).
While welcoming the contribution made by these third party developers Dynamic Zones is not able to, and does not, warrant or endorse those applications and cannot be responsible for any interaction between you and a third party developer. Dynamic Zones disclaims any liability so arising.
You will need to form your own view of the benefits to be derived from using any such applications and the reliability and trustworthiness of the third party developer.
13. Public Forums
Dynamic Zones may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Sites.
In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Sites or any service or feature made available on or through the Sites, any materials which:
- restrict or inhibit any other user from using and enjoying the Sites or the Sites’ services;
- are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- contain a virus, spyware, or other harmful component;
- contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
- constitute commercial solicitation or ‘spam’ of any kind; or
- constitute or contain false or misleading indications of origin, endorsement or statements of fact.
You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Dynamic Zones.
You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Sites and the consequences of any of your activities on the Sites.
Dynamic Zones reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Sites or through the Sites, and Dynamic Zones is not responsible for, and assumes no liability for, any such materials posted by users. However, Dynamic Zones reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Dynamic Zones’s sole discretion are objectionable or in violation of these Registration Terms, Dynamic Zones’s policies or applicable law.
Dynamic Zones may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Registration Terms or applicable law, or for any other reason without notice or liability.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Sites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.
It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
13. Applicable Laws
We control and operate the Sites from our offices in The Netherlands in accordance with the laws of The Netherlands. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Dynamic Zones International B.V.
PO Box 545
7500 AM, Enschede
Chamber of Commerce: 08110732
VAT nr.: NL810904044B01
tel: +31 (0)53-4836314
fax: +31 (0)53-4337415 (Only during working hours, 9:00 till 18:00 European Time GMT+1)