Terms of use
TERMS OF USE
The following are terms and conditions of a legal agreement (hereinafter referred to as: "this Agreement") between you and Voorne Partners B.V. (hereinafter referred to as: "Voorne Partners"). By accessing, browsing and/or using this web site (hereinafter referred to as: "this Site") you acknowledge that you have read, understood and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations.
Therefore, please read this Agreement carefully and be aware that Voorne Partners may, at its sole discretion and without notice, revise these terms and conditions at any time by updating this posting.
If you do not agree with these terms and conditions, do not use this Site.
COPYRIGHTS AND USE OF SITE CONTENT
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (hereinafter referred to as: “the Materials”) thereof are copyrighted, ALL RIGHTS RESERVED, by Voorne Partners and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Voorne Partners or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Voorne Partners or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, (c) remove or alter any copyright and other proprietary notices contained in the Materials and (d) mirror the Materials. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Voorne Partners or its licensors and is protected by Dutch and international copyright laws. All rights not expressly granted are reserved.
TRADEMARKS
The trademarks, service marks and logos (hereinafter jointly referred to as: “the Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Voorne Partners. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or any other Voorne Partners intellectual property displayed on this Site. Voorne Partners aggressively enforces its intellectual property rights to the fullest extent of the law. The name Voorne Partners or any other trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written consent from Voorne Partners. Voorne Partners also prohibits the use of trademarks as part of a link to or from any site unless Voorne Partners has approved the establishment of such a link in advance in writing.
LINKS TO THIRD PARTIES
The Site may contain links to websites owned or operated by parties other than Voorne Partners. Such links are provided for your convenience only. Voorne Partners does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites and makes no representations whatsoever about those websites. Without limiting the foregoing, Voorne Partners specifically disclaims any responsibility if such sites:
- infringe any third party’s intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or are libellous or defamatory
Neither does Voorne Partners endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of Voorne Partners.
USER POSTINGS
Voorne Partners shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that is posted to or otherwise published on this Site (hereinafter referred to as: “Submissions”). You hereby waive any and all claims against Voorne Partners for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Voorne Partners’ use and publication of such Submissions. Anything that is submitted to this Site will be owned by Voorne Partners and may be used by Voorne Partners for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Voorne Partners ownership of Submissions is successfully contested, you automatically grant Voorne Partners a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Voorne Partners does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Voorne Partners expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libellous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Voorne Partners in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION
Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Site. Accordingly, the information on this Site is provided with the understanding that the authors and publishers are not herein engaged in rendering professional advice or services. As such, it should not be used as a substitute for consultation with professionals. Before making any decision or taking any action, you should consult Voorne Partners.
While Voorne Partners has every attempt to ensure that the information contained in this Site has been obtained from reliable sources, Voorne Partners is not responsible for any errors or omissions, or for the results obtained from the use of this information. In no event will Voorne Partners and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Moreover, Voorne Partners does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that Voorne Partners promotes or endorses any third party’s causes, ideas, political campaigns, political views, web sites, products or services.
ACCESS TO THIS SITE
Voorne Partners may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. You shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY VOORNE PARTNERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. VOORNE PARTNERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRES OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VOORNE PARTNERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, VOORNE PARTNERS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL VOORNE PARTNERS OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF VOORNE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VOORNE PARTNERS OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED EUR 1, --.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless Voorne Partners and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (hereinafter jointly referred to as: “the Indemnified Parties”) from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountant’s fees and disbursements) and costs (collectively, “Claims”), based on, arising out of or resulting from your use of this Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement. You shall cooperate as fully as reasonably required in the defence
of any such claim. Voorne Partners reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
ENFORCEMENT OF TERMS AND CONDITIONS
These terms of use shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law. You agree that any action at law or inequity arising out of or relating to these terms shall in the first instance and in interim injunction be filed only at the District Court of Rotterdam (“Rechtbank Rotterdam, sector civiel”), and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the compliant;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity;
4. The address, telephone number or e-mail address of the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
Voorne Partners BV
Thorbeckelaan 82f
3201 WK Spijkenisse
The Netherlands
Telephone: +31 (0)181 40 05 78
Facsimile: +31 (0)181 40 05 79
ENTIRE AGREEMENT
This Agreement constitutes the entire and only agreement between Voorne Partners and you and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to this Site, its content and the subject matter of this Agreement. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Voorne Partners.
