GBM EU B.V. TERMS OF SERVICE

Last updated: January 1, 2025

  1. Overview and Acceptance of Use Welcome to GBM! GBM EU B.V. (“GBM”) is an online B2B marketplace for selected products connecting creative brands with resellers, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). In these Terms of Service (“Terms”), “GBM”, “our”, “we”, and/or “us” refer to GBM EU B.V., registered under commercial registration number 4874 MM Etten-Leur, Netherlands. The terms “you” and/or “your” refer to any visitor of the Site and/or the Application and any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services and Collective Content (as defined below) and constitute a binding legal agreement between you and GBM.

Please read these Terms, our Privacy Policy, the Reseller Terms of Service, and the Brand Terms of Service, all of which are incorporated by reference into this document and govern your access to and use of the Services. The Services are offered and available only to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with GBM and meet the eligibility requirements above. If you do not meet these requirements, you must not access or use the Services. In the case of companies or other legal entities, you represent and warrant that you have the authority to bind that party to these Terms, and in such cases, “you” and “your” refer to and apply to that party.

BY ACCEPTING THESE TERMS OF SERVICE DURING REGISTRATION, YOU AGREE TO COMPLY WITH THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERRED TO IN THESE TERMS. IF YOU DO NOT AGREE, YOU DO NOT HAVE THE RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.

  1. Modification We reserve the right, at our sole discretion, to modify, suspend, discontinue, or terminate the Services or any content, feature, or material provided through the Services. We also reserve the right to modify these Terms periodically with prior written notice. We are not responsible if, for any reason, all or part of the Services are unavailable at any time or for any period. Occasionally, we may restrict access to some or all parts of the Services for users, including Members. You agree that it is your responsibility to monitor changes to our Services. In case of modifications to these Terms, reasonable prior notice will be sent, and modifications will be published on the Site or through the Application, and/or we will notify you of the changes. By continuing to access or use the Services after such modifications, you agree to comply with the modified Terms. If you do not accept the modified Terms, your only option is to stop using the Services.
  2. Key Definitions “Collective Content” means collectively the GBM Content and Member Content. “Content” means the text, graphics, images, music, software (excluding the Application), audio, video, messages, information, or other materials. “GBM Content” means the Content made available by GBM through the Services, including any third-party licensed Content, but excluding Member Content. “Member” means a company that completes the registration process for an account on GBM, as described in the “Account Registration” section below. “Member Content” means the Content a Member posts, uploads, submits, or transmits to GBM to be made available through the Services.
  3. Account Registration To access certain features of the Services and post any Member Content on the Services, you must register to create an account (“Account”) and become a Member. GBM offers two types of Accounts. The first is a “Reseller Account” for buyers who purchase products through the Services for resale purposes (“Resellers”). The second is a “Brand Account” for sellers offering their products for sale to Resellers through the Services (“Brand”). Each type of Account grants access to different aspects of the Services.

You can register directly through the Site or the Application. During the registration process, you will be asked to provide certain information (depending on the type of Account) and create a username and password. You agree that all information provided to register for an Account (and/or for any subsequent activity or interaction with GBM and the Services), including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions taken by us with respect to your information, as outlined in our Privacy Policy.

You agree to provide accurate, current, and complete information during the registration process and to update this information to maintain its accuracy, current status, and completeness. We reserve the right to temporarily suspend or permanently close your Account if any information provided during the registration process or later is found to be inaccurate, outdated, or incomplete. You are responsible for safeguarding your password and agree not to disclose it to third parties. You agree that you are solely responsible for all activities or actions performed under your Account, whether or not authorized by you. You must immediately notify us of any unauthorized use of your Account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  1. Account Levels
  • Brand Account: To sell products through the Services as a Brand, you must submit an application and receive approval from GBM. The application process and the Brand account are free of charge. The application process is intended to obtain basic information about you, your company, and your products. If approved as a Brand, you will be asked to provide additional information, including details about your company, where you want the funds from sales of your products to be deposited, and any applicable taxes and related documentation.
  • Reseller Account: To purchase products through the Services as a Reseller, you must create a Reseller Account, which is free. When registering as a Reseller, you will be asked to submit standard information such as your first and last name, type of store (e.g., online, physical), email address, and other information about your company. Before making the first purchase as a Reseller, you may be asked to provide additional information such as payment details, VAT, GST, or other tax identification numbers, related documentation, and any other information required by GBM or any payment processor. By submitting payment details as part of the registration for a Reseller Account and/or purchasing products, you agree to pay the Brands for products purchased and any applicable taxes and additional fees.
  1. Ownership The Services and Collective Content are protected by copyright, trademarks, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, excluding your specific Member Content, including all intellectual property rights associated therewith, are the exclusive property of GBM, its licensors, and/or other providers of such material.
  2. License Granted by GBM Subject to the terms and conditions of these Terms, GBM grants you: (a) a non-transferable, non-exclusive, royalty-free, revocable, and limited license, without the right to sublicense, to use and access the Services, and to view any Collective Content you are granted access to, solely for the purposes set forth in these Terms; and (b) a limited, non-exclusive, revocable, and non-transferable license to download and install a copy of the Application for your device solely in connection with your use of the Services.
  3. License Granted by Members To make the most of the Services, Members may provide or make available Member Content to us for use in connection with the Services. For these purposes, you grant GBM a global, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to view, copy, adapt, modify, distribute, publicly display, and publicly perform (through any necessary means) Member Content through or in connection with the Services.
  4. Social Media Content and Network Sites As a Brand, you may link your social media accounts to your Brand store (collectively, “Feedback”). You represent that you have the right to grant GBM access or otherwise make your Social Media Accounts and their content available for the purposes described in this document, without violating any of the terms and conditions governing your use of the applicable Social Media Account, and without obligating GBM to pay any fees or subjecting GBM to any usage limitations imposed by those social media service providers.
  5. Feedback We encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any Feedback, you grant us a non-exclusive, global, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based on, and otherwise exploit the Feedback for any purpose.
  6. Reliance on Information Posted The information presented on or through the Services is made available solely for general information purposes. We make no guarantees regarding the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk.
  7. Links to Third-Party Sites The Services may contain links to third-party websites or resources. You acknowledge and agree that GBM is not responsible for (a) the availability or accuracy of such sites or resources; or (b) the content, products, or services available on those sites or resources. Links to these sites or resources do not imply any endorsement by GBM of such sites or resources or the content, products, or services available on those sites or resources.
  8. Notice Regarding Apple This section only applies if you are using our mobile application on an iOS device. You acknowledge that these Terms are entered into between you and GBM, and not with Apple, and that Apple is not responsible for the Services or their content.
  9. Prohibited Uses and Content Moderation You agree not to engage in any of the following actions: posting, uploading, publishing, sending, or transmitting any Content that (a) infringes third-party intellectual property rights, including patents, copyrights, trademarks, trade secrets, moral rights, or privacy rights; (b) is fraudulent, misleading, or false; (c) is defamatory, obscene, pornographic, vulgar, or offensive; (d) promotes discrimination, intolerance, racism, hate, harassment, or harm against any individual or group.
  10. Procedure for Filing an Intellectual Property Infringement Complaint GBM respects intellectual property laws and expects users to do the same. It is GBM’s policy to terminate, in appropriate circumstances, Members or other account holders who infringe or are believed to be infringing third-party intellectual property rights.
  11. Information We Collect About You All information we collect about you when you register for an account or use or visit the Services is subject to our Privacy Policy. By using the Services, you agree to the terms of the Privacy Policy and to all actions we take with respect to your information as outlined in it.
  12. Termination and Account Cancellation If you violate any of these Terms, GBM has the right to suspend or deactivate your Account or terminate these Terms at its sole discretion and without notice.
  13. Legal Disclaimers THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GBM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  14. Indemnification You agree to defend, indemnify, and hold harmless GBM and its subsidiaries, affiliates, partners, successors, and assigns, and each of their respective owners, members, executives, directors, employees, agents, contractors, subcontractors, licensors, service providers, and third-party content providers from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) arising out of or relating to your breach of these Terms and/or any law or third-party rights.
  15. Limitation of Liability You acknowledge and agree that, to the maximum extent permitted by applicable law, all risks arising from your access and use of the Services and Collective Content are entirely your responsibility.
  16. Governing Law and Jurisdiction These Terms and any action related to them are governed by the laws of the Netherlands. The exclusive jurisdiction and venue for any legal action under these Terms is the competent court in Amsterdam, Netherlands.
  17. Export Control You understand and agree that the Application and any technical data may be subject to export control laws and regulations.
  18. Assignment You may not assign or transfer these Terms without our prior written consent.
  19. Notices Any notices or other communications required or permitted under these Terms, including regarding changes to these Terms, will be made in writing and delivered by email, posting on the Site, or via the Application.
  20. Confidentiality “Confidential Information” refers to all business or technical information disclosed by GBM that is related to its use of the Services.
  21. Interactive Chat and Virtual Assistants Some Services may include live chats or virtual assistants. These technologies may interact with you to provide customer support.
  22. Entire Agreement These Terms constitute the entire agreement between you and GBM with respect to the Services and Collective Content.
  23. Severability If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.
  24. General Provisions Failure by GBM to enforce any right or provision of these Terms does not constitute a waiver of that right.
  25. Contact For questions related to intellectual property infringements, please refer to Section 15 above. If you wish to notify us of any illegal products or content, please contact us here.