Terms of Service - Varius Media


A. Preliminary Provisions

These terms of service Varius Media governs the use of our website ("the/this/our Website") and outlines the rules and regulations for the use our Website, located at https://varius.media.

By accessing this Website and using the services/functions of the Website, you indicate that you have read, understand and accept these terms of service and agree to abide by them at all times. Do not continue to use our Website if you do not agree to these terms of service.

The following terminology applies to these terms of service, disclaimer Notice(s) and all Agreements following out of the Website or these terms of service:

  1. - "Client", "You" and "Your" refers to you, the person that visits and navigates this Website and compliant to the Company's terms of service;
  2. - "The Company", "Varius Media", "Ourselves", "We", "Our" and "Us", refers to us: Varius Media.
  3. - "Party" or "Parties", refers to both the Client and ourselves.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

All information on this website, and these terms of service, are provided for the sole purpose to inform and insofar applicable to initiate the process of our assistance to (potential) Client's in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of our services, in accordance with and subject to the agreement yet to be concluded for such services and the conditions that apply to such agreement between us and you.

I. License

Only users over the age of 18 may use this website and, said persons are granted a non-exclusive, non-transferable, revocable license (1) to access and use the website strictly in accordance with these, and any other applicable, terms of service; (2) to use the Website, or any information thereon, solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein. By using this Website, You agree that you have reached at least the age of eighteen years old. We do not assume any legal responsibility for false statements about age.

Unless otherwise stated, Varius Media and/or its licensors own all content published and made available (all intellectual property rights) on the Website (https://varius.media). This includes, but is not limited to images, text, logo's, documents, downloadable files and anything that contributes to the composition of the Website. All intellectual property rights are reserved. You may solely access the intellectual property rights in accordance with the terms as set forth under the provision "Age restrictions".

In any case it is prohibited, without our explicit consent to:

  1. Republish material from the Website;
  2. Sell, rent or sub-license material from the Website;
  3. Reproduce, duplicate or copy material from the Website;
  4. Redistribute content from the Website;

Your license to access and use the Website are further subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 3, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the website or any information or materials retrieved therefrom, unless an explicit exception (in the form of explicit permission) is made; (2) use any other materials from the Website to develop, or as a component of, an information storage and retrieval system, database, Infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Website or any other materials from the Website; (4) use any other materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Varius Media or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (6) make any portion of the Website available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Website; (8) decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (9) use any automatic or manual process to harvest information from the Website; (10) use the Website for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Varius Media’s name or trademarks, including in connection with invalid or forged headers, invalid or non-existent domain names, or other means of deceptive addressing; (11) use the Website in a manner that violates any law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of any law and regulation.

Except for the limited license contained herein, nothing in these terms of service grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this website and its content belong to Varius Media, its licensors, or third parties, as applicable.

II. Acceptable use of Our Website

As a user of the Website, you explicitly accept to use our Website only for legal purposes. It is prohibited to use the Website for illegal purposes, including:

  1. Violating (the terms of) your license under these terms of service;
  2. Violating the rights of other users of the Website;
  3. Act or commit acts that could be deemed fraudulent or illegal;
  4. Constitutes or promotes illegal activity or violates any applicable law or regulations; or
  5. Infringing, violating or misappropriating any of our Websites' or third-party's intellectual property rights, including copyright, trade secret or trademarks, publicity and/or privacy rights, or is libellous, defamatory, abusing, harassing, or threatening.

If we have reasons to suspect or believe that you are using the Website illegally or in a manner that violates these terms of service, Varius Media reserves the right in that case to limit, suspend or terminate your access to the Website. Varius Media reserves the right to investigate complaints or reported violations of our terms of service and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

III. Limitation of liability

VARIUS MEDIA SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. VARIUS MEDIA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT. TO THE EXTENT THIS FULL LIMITATION ON LIABILITY IS PROHIBITED, VARIUS MEDIA'S SOLE OBLIGATION TO YOU FOR DAMAGES, IF ANY, SHALL BE LIMITED TO THE AMOUNT AS PAID OUT BY AN LIABILITY INSURANCE COMPANY OR IF NOT APPLICABLE, AN AMOUNT OF FIVE HUNDRED US DOLLARS.

IV. Indemnity

You agree to indemnify and hold harmless Varius Media and our company from any third-party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the website, or your violation of any rights of a third party.

V. Content on the Website

The information provided on this Website of Varius Media, and all other related platforms, services, newsletters, blogs, emails, messages, audios, videos, and all other traditional and digital communications, including social media such as Instagram, Facebook, Twitter, YouTube, blockchain related including cryptocurrency, non-fungible tokens (NFTs), other blockchain projects, and all other forms of communication, is not, nor is it intended to be, directly or indirectly, in any way, financial, legal or business advice. Said communications also do not establish any type of legal relationship between Varius Media and You.

IN NO WAY DOES VARIUS MEDIA PROVIDE LEGAL, BUSINESS, FINANCIAL, INVESTMENT ADVICE, OR OPINIONS, NOR DOES ANYTHING WHICH IS PROVIDED ON THIS WEBSITE, SERVICES, NEWSLETTER OR RELATED LINKS. ALL CONTENT ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY.

Although due care has been taken to provide accurate and the most current information, the general principles, information and/or opinions presented on this Website may differ depending on the law(s) that apply to the user(s).

This website may also contain and reference various third-party information, tips, resources and/or products/services. Varius Media does not warrant the validity of the information, nor does it guarantee the quality of the information thereon. Varius Media does not review the content that are provided by any Third-Party or any links to the Website. Varius Media is not responsible for any material or information contained in the linked sites or provided by any third-party. All users of the Website are strongly encouraged to make their own independent investigation and evaluation of any information they might consider using. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Varius Media.

Varius Media does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. Varius Media does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Varius Media may make improvements and/or changes to its features, functionality or content of the Website at any time. We do not ensure that the Website remains available or that the material on the Website is kept up to date.

VI. Governing law

These terms of service are governed by and construed in accordance with the laws of the Netherlands (Dutch Law) and any action arising out of or relating to these terms shall be commenced or otherwise filed with the competent court in Amsterdam, The Netherlands and You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of terms of service.

VII. Severability of Provisions

These terms of service incorporate by reference all notices and disclaimers contained on the Website, notwithstanding the terms of service constitute the entire agreement between you and Varius Media with respect to access to and use of the website. If any provision of these terms of service is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

VIII. Modifications of the terms of service

Varius Media reserves the right to amend these terms of service at any time in order to maintain compliance with the law and to reflect any changes to the way We operate the Website and the way we expect You to behave on our Website. Updated versions of the terms of service will appear on this website and are effective immediately. You are responsible for regularly reviewing the terms of service. Continued use of the Website after any such amendments constitutes Your consent to such changes.

IX. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website. Nothing in these terms of service will:

  1. limit or exclude our or your liability for death or personal injury;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in these terms of service are subject to the preceding paragraph.

X. Privacy

Your use of the Website – and the processing of your personal data – is also subject Privacy Policy of Varius media. Please click here to go to our privacy policy.