Terms and User Agreement

Welcome to the 2oldfarts.vip / Multiporium website and services.

We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.

You should keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.

1 Multiporium Services:

Buy products that are listed for sale
Post your created images to social networks or blog that you have the legal right to do so.
Registering to subscribe to special offers and use of galleries.

2 Using our Multiporium Services and Website:

In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.

2.1 ELIGIBILITY CHILDREN UNDER 18.

Multiporium will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.

If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.

2.2 Definitions and Interpretation

In these Terms of Use, unless the context indicates a contrary intention:

Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
A person means any form of legal entity as well as any quasi-legal entity.
A User means any person using the website and/or services provided by Multiporium.
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
The word includes in any form is not a word of limitation.

3 User’s Obligations

3.1 Responsibilities

Users are and shall be wholly and exclusively responsible, at their own cost, for:

all telecommunication lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and Services;

complying with all laws, regulations and rules in the uses country or jurisdiction;

complying with any recommendations or guidelines issued by Multiporium concerning the use of the Website and/or services and

ensuring that all electronic or other media it uses in connection or conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

3.2 Restrictions on Users

Users shall not and has no right to either:

reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
use either the Website to supply any service to any person; or
modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
is libellous, defamatory or slanderous,
condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
contains explicit sexual content,
does or may denigrate or offend any ethnic, racial, gender, religious or other groups, through use of language, images, stereotypical depiction or otherwise,
is designed to or does harass, threaten, defame or abuse others,
exploits images or the likeness of minors,
encourages the use of drugs or the under-age use of alcohol or cigarettes, or
is generally offensive or in bad taste;
use “Spam”, “blast-faxes” or recorded telephone messages to market or sell any products or services,
use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental effect on the Website.
take any action that imposes an unreasonable or disproportionately large load on the Website or the Service,
use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
collect electronic mail addresses or other information from our website,
impersonate another person or entity,
engage in any activity that interferes with any person’s ability to use or access the Website and/or services, or
assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else’s website, without specific agreement.

USER ACKNOWLEDGES AND AGREES THAT MULTIPORIUM MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.

Multiporium Obligations

4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, Multiporium shall allow a user to access and use the Website and the services.

4.2 Privacy: Multiporium may collect personal data concerning the user in the course of and incidental to user’s use of the Website and services. Multiporium shall comply with, and user hereby consents irrevocably and unconditionally to Multiporiums collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).

4.3 Training

User acknowledges that Multiporium has no obligation to user to provide any training or other support concerning the use or operation of the Website and/or services.

4.4 Modification of the Website.

Multiporium reserves the right to modify the organization, structure, content or “look and feel” of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Multiporium shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.

Intellectual Property Rights

5.1 Reservation of title

user acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than under the express authorisation set out in clause 4.1. Multiporium grants the user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use the information contained on the Website for purposes prohibited by Multiporium; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, Multiporium may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement

User acknowledges and agrees that Multiporium does not permit, authorise or condone and hereby expressly prohibits the user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.

5.3 Derivative material

Subject to clause 5.2, the user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add an item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Multiporium an irrevocable, perpetual, non-exclusive, worldwide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.

Registration

User Account, Password, and Security You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Multiporium of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Multiporium cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

Warranties

7.1 Users warranties

User represents and warrants to Multiporium that, in its use of the Website and the Services provided, it:

will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal rights of any person, and

will comply with all applicable laws, rules, and regulations.

User further represents and warrants to Multiporium that:

there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened concerning any content used or proposed to be used by user;

Multiporium will not be required to make any payments or compensation to any person in connection with its use of such content; and

such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

7.2 Multiporiums warranties

Multiporium represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and by following these Terms of Use.

7.3 Caveats

Multiporium provides the Website and Services on an “as is” and “as available” basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by Multiporium that the functionality or operation of the Website and/or the services will:

be uninterrupted or free of errors and inaccuracies;
meet users requirements; or
operate in the configuration or with the hardware or software used by the user.
User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, the user may experience downtime and errors in the use or operation of the Website and/or services provided.
Multiporium does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Multiporium is not liable.
Multiporium does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

7.4 Exclusion of implied warranties

SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES CONCERNING THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY MULTIPORIUM, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.

7.5 No representation or reliance

(a) User acknowledges that neither Multiporium nor any person acting on behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.

(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Multiporium, except for representations or inducements expressly set out in these Terms of Use.

Exclusion and Limitation of Liability

8.1 Subject to law

Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:

(a) implied condition, warranty or other terms of these Terms of Use where according to applicable law to do so is unlawful or void; or

(b) liability in respect of a breach of these Terms of Use where according to applicable law to do so is unlawful or void; or

(d) liability for death or personal injury caused by the negligence of either party.

8.2 Exclusion of liability

Subject only to Clause 8.1, in no event shall Multiporium be liable to the user or any person under or in connection with these Terms of Use or respect of the use of (or failure or performance of) the Website and/or the services provided for:

(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:

any third party;
actions of user that were not expressly authorised by Multiporium;
accident, misuse or abuse by anyone other than Multiporium;
alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Multiporium;
products (including any hardware or software) or services not licensed or supplied by Multiporium;
a power surge or failure,
events of force majeure or events outside Multiporiums actual control; or
any other condition not arising under normal operating conditions;

(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;

(d) Subscribers liability to any person; or

(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted based on common or civil law or in equity, including according to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Multiporium has been advised of the possibility of any particular loss or damage.

8.3 Links

Multiporium may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Multiporium is not responsible for the operation of or content located on any such website, and Multiporium cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Multiporium for any damages or losses of any kind arising from the other website and/or the link.

8.4 Limitation of liability

Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Multiporium’s sole liability to Subscriber for any breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.

8.5 Indemnity User shall indemnify and hereby releases unconditionally Multiporium, without set-off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by a user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.

Termination

(a) At any time and with or without cause, Multiporium may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Multiporium. In no event shall any such termination or suspension by Multiporium relieve user of any obligation that has accrued under these Terms of Use before the date of such termination or suspension.

(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services

9.1 Effect of termination

(a) On any expiry or termination of these Terms of Use, Multiporium may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Multiporium shall have no liability to user or any person for doing so.

(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.

General

10.1 Severability

If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:

(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and

(b) it does not affect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.

10.2 Variation

Multiporium may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user’s continued access and use of the Website and the Services on or after such effective time constitutes the user’s unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If the user does not agree to any amendments to these Terms of Use or any of the current terms, its only right and remedy are to cease using the Website and Multiporium services.

10.3 Waiver

A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.

10.4 Assignment

(a) Multiporium may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.

Prices and information

11.1 All prices stated on the Website and in other materials originating from Multiporium include VAT and other levies imposed by the government.

11.2 If shipping costs are charged, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process.

11.3 The content of the Website has been compiled with the greatest care. However, Multiporium cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Multiporium are therefore subject to obvious programming and typing errors.

11.4 Multiporium cannot be held responsible for (color) deviations due to screen quality.

Conclusion of the agreement

12.1 The Agreement is concluded at the moment of acceptance by the Customer of the offer of Multiporium and compliance with the conditions set by Multiporium.

12.2 If the Customer has accepted the offer electronically, Multiporium will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.

12.3 If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Multiporium has the right to comply with its obligation only after the correct information has been received.

12.4 Multiporium can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Multiporium has good reasons not to enter into the Agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions, such as prepayment, to the execution.

Execution of the Agreement

13.1 As soon as the order has been received by Multiporium, Multiporium will send the products as soon as possible.

13.2 Multiporium is entitled to engage third parties in the performance of the obligations arising from the Agreement.

13.3 On the Website, it is clearly described, in good time before the conclusion of the Agreement, how delivery will take place and within which period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 14 days.

13.4 If Multiporium is unable to deliver the products within the agreed period, it will inform the Customer accordingly. In that case, the customer can agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.

13.5 Multiporium advises the Customer to inspect the delivered products and to report the defects found within a reasonable time, in writing or by e-mail. See the article on warranty and conformity.

13.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk, with regard to these products, passes to the Customer. If expressly agreed otherwise, the risk will be transferred to the Customer earlier. If the Customer decides to collect the products, the risk passes upon transfer of the products.

13.7 Multiporium is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The customer is then entitled to dissolve the agreement free of charge and to return the product free of charge. Unless Customer has agreed to a replacement item.

Right of withdrawal

For returns, you must always contact Multiporium first via the contact form or via [email protected]

14.1 Customer has the right to dissolve the distance Agreement with Multiporium within 14 calendar days after receipt of the product, without giving reasons, free of charge. For wearing products such as hangers, a period of 5 calendar days applies. The period starts on the day after the Customer, or a third party designated in advance by him, who is not the carrier, has received the product, or:

if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, received the last product.
if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.

14.2 The direct costs for the return shipment shall be borne by the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, Multiporium provides an estimate of these costs.

Any shipping costs paid by the Customer will not be reimbursed.  In the event of a return, the Customer will be refunded the purchase of the product(s) excluding the shipping costs paid by the Customer.

14.3 Within the withdrawal period referred to in paragraph 14, the Customer will handle the product and packaging with care. The customer will only open the packaging and use the product to the extent necessary to verify the nature, characteristics and operation of products. The starting point here is that this inspection may not go beyond what the Customer could do in a physical store. In case of any traces of use or opened packaging, which is not necessary for inspection, Multiporium will not proceed to a refund. Goods that fall under the Cosmetics Act and food and commodities Act (aromatherapy, care products) cannot be returned.

14.4 Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.

14.5 The Customer may dissolve the Agreement in accordance with paragraph 14 of the period set out in this Article by unambiguously notifying Multiporium that he renounces the purchase. In the event of a digital notification, Multiporium confirms receipt of that report. After dissolution, the Customer has 7 days to return the product. It is also possible to return the product immediately within the cooling-off period set out in paragraph 14 of this Article, an unambiguous statement for withdrawal is enclosed.

14.6 Products made on request cannot be returned and are therefore exempt from the right of withdrawal. Products purchased through an auction, and/or discounted products, cannot be returned and are therefore exempt from the right of withdrawal.Products can be returned to the address specified in the invoice.

14.7 Amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same way as the Customer has paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Multiporium does not have to refund the additional costs for the more expensive method

14.8 Unless Multiporium offers to collect the product itself, Multiporium may wait to refund until Multiporium has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.

14.9 On the Website, information about whether or not the right of withdrawal applies and any desired procedure will be clearly stated in good time before the conclusion of the Agreement.

15.Payment

15.1 Customer must make payments to Multiporium according to the payment methods indicated in the ordering procedure and possibly on the Website. Multiporium is free in the choice of offering payment methods and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.

Warranty and conformity

16.1 Multiporium guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement. If specifically agreed, Multiporium also guarantees that the product is suitable for other than normal use.

16.2 A warranty provided by Multiporium, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.

16.3 If the delivered product does not comply with the Agreement, the Customer must inform Multiporium within a reasonable period of time after discovering the defect.

16.4 If Multiporium considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is equal to the price paid by the Customer for the product. This Article does not preclude an appeal for any compensation.

Complaints procedure

17.1 If the Customer has a complaint about a product (in accordance with the Article regarding warranty and conformity) and/or about other aspects of Multiporium’s services, he can submit a complaint to Multiporium by e-mail. See the contact details at the bottom of the General Terms and Conditions.

17.2 Multiporium will respond to the Customer’s complaint as soon as possible, but in any case within working 5 days of receipt of the complaint. If it is not yet possible to give a substantive or definitive response, Multiporium will confirm within working 5 days of receipt of the complaint and give an indication of the period within which it expects to give a substantive or final response to the customer’s complaint.

Final provisions

18.1 The Agreement is governed by Dutch law.

18.2 Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Multiporium is located.

18.3 If a provision in these General Terms and Conditions proves to be null and void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.

18.4 In these General Terms and Conditions, “in writing” also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact Information

If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail [email protected].

Terms and User Agreement

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