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Terms In
Use:
PLEASE READ
THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS
SITE. PPOCREW ("PPOCREW, active members") provides this web
site, and all site-related services (collectively, the "Site")
subject to your compliance with the terms and conditions set
forth in this agreement (the "Agreement"). This Agreement
governs the relationship between PPOCREW and you ("you") with
respect to your use of the Site. It is important that you read
carefully and understand the terms and conditions of this
Agreement. We reserve the right at any time to: - Change the
terms and conditions of this Agreement; and - Change the Site,
including eliminating or discontinuing any content on or feature
of the Site. Any changes to the terms and conditions of this
Agreement will be effective immediately upon notice to you,
whether provided by a posting on the Site, by electronic mail,
or other means. Your continued use of the Site after such notice
will be deemed acceptance of such changes. Any changes to the
Site shall be effective upon implementation of such change.
Except as otherwise provided, any new content on or features of
the Site shall be subject to this Agreement. Please bookmark
this page and review it periodically to make yourself familiar
with the most recent version. You can determine when we last
updated the Agreement by checking the "Last Revised" date that
appears at the top of the page. 1.
Privacy Policy.
Please read the PPOCREW
Privacy Policy,
which is incorporated herein by reference. By using the Site,
you agree to be legally bound by the PPOCREW
Privacy Policy,
which discusses and governs our collection and use of any
information you submit to us.
2.
Monitoring The Site. We have no obligation to monitor the Site.
You acknowledge and agree, however, that we do retain the right
to monitor the Site and to disclose any information as necessary
or appropriate to satisfy any law, regulation or other
governmental request, to operate the Site properly, or to
protect ourselves or our users. We will not intentionally
monitor or disclose any private electronic-mail message unless
required by law. We reserve the right to refuse to post or to
remove any information or materials from any portion of the
Site, in whole or in part, that, in our sole discretion, are
unacceptable, undesirable, inappropriate or in violation of
these Terms Of Service.
3.
Ownership and Restrictions on Use. Copyright 2004 PPOCREW. All Rights
Reserved. The Site, including any and all related software,
data, text, graphics, images, audio and video clips, logos,
icons, and links (collectively, the "Materials"), is owned and
operated by PPOCREW in conjunction with others pursuant to
contractual arrangements, and the Materials (and any
intellectual property and other rights relating thereto) are and
will remain the property of PPOCREW and its licensors and
suppliers. The Materials and the selection, compilation,
collection, arrangement, and assembly thereof are protected by
The Netherlands (Leiden) and international copyright, trademark,
and other laws, and you acknowledge that these rights are valid
and enforceable. Except as otherwise expressly permitted in this
Agreement, you may not copy, reproduce, republish, upload, post,
transmit, or distribute Materials or other content or
information available on or through the Site in any way without
our prior written permission, except you may download and view
one copy of such Materials on any single computer for your
personal, non-commercial home use, provided you keep intact,
without change, each such Material and all copyright and other
proprietary notices in or on such Material. Modification of the
Materials or use of the Materials for any other purpose is a
violation of our copyright and other proprietary rights, and is
strictly prohibited. You acknowledge that you do not acquire any
ownership rights by using the Site or the Materials.
4. Code of
Conduct. While using the Site (including participating in any
Site-related services), you agree not to: - Use any robot,
spider, site search/retrieval application, or other manual or
automatic device or process to scrape, retrieve, index, "data
mine," or in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents; or -
Restrict or inhibit any other visitor from using the Site,
including, without limitation, by means of "hacking" or defacing
any portion of the Site; - Attempt to gain unauthorized access
to other computer systems through the Site; - Use the Site or
Materials for any unlawful purpose; - Express or imply that any
statements you make are endorsed by us, without our prior
written consent; - Transmit (a) any content or information that
is unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene, or otherwise objectionable, or infringes
our or any third party’s intellectual property or other rights;
(b) any material, non-public information about companies without
the authorization to do so; (c) any trade secret of any third
party; or (d) any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities, or other unsolicited
commercial communication (except as otherwise expressly
permitted by us); - Engage in spamming or flooding; - Transmit
any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items
of a destructive nature; - Modify, adapt, sublicense, translate,
sell, reverse engineer, decompile, or disassemble any portion of
the Site; - Remove any copyright, trademark, or other
proprietary rights notices contained in the Site or Materials; -
"Frame" or "mirror" any part of the Site without our prior
written authorization; - Harvest or collect information about
other Site users without their express consent. While using the
Site and/or Materials, you agree to comply with all applicable
laws, rules, and regulations.
5.
Security. You understand and acknowledge that no data
transmission over the Internet can be guaranteed to be 100%
secure and we cannot guarantee that any personal information you
submit to us will be free from unauthorized third party
intrusion. You understand and agree that all information you
submit to PPOCREW is done so at your own risk.
6. Internet
Access. You acknowledge and agree that in connection with your
use of the Site you must: (a) provide for your own access to the
World Wide Web and pay any service fees associated with such
access, and (b) provide all equipment necessary for you to make
such connection to the World Wide Web, including a computer,
software, a modem and a working telephone line. PPOCREW shall
not be responsible for any malfunctions, errors, crashes or
other adverse events that may occur from your use of the Site.
7. Links.
The Site contains links to other Internet web sites, which may
or may not be owned or operated by PPOCREW. PPOCREW has not
reviewed all of the web sites that are linked to the Site, and
PPOCREW may not have control over such sites. Unless otherwise
explicitly stated, PPOCREW is not responsible for the content of
such web sites, or the privacy or other practices of such sites,
and the fact that PPOCREW offers such links does not indicate
any approval or endorsement of any material contained on any
linked site. PPOCREW is providing these links to you only as a
convenience. Accordingly, we strongly encourage you to become
familiar with the terms of service and practices of any linked
site. Further, it is up to you to take precautions to ensure
that whatever links you select or software you download (whether
from the Site or other sites) is free of such items as viruses,
worms, trojan horses, defects, date bombs, time bombs, and other
items of a destructive nature.
8.
Trademarks. The trademarks, logos, and service marks displayed
on the Site (collectively the "Trademarks") are the registered
and unregistered trademarks of PPOCREW, PPOCREWs licensors and
suppliers, and others. The Trademarks owned by PPOCREW, whether
registered or unregistered, may not be used in connection with
any product or service that is not PPOCREW’s, in any manner that
is likely to cause confusion with customers, or in any manner
that disparages PPOCREW. Unless otherwise expressly granted in
this Agreement, nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise,
any license or right to use any Trademark without the express
written permission of PPOCREW, PPOCREWs licensors or suppliers,
or the third-party owner of any such Trademark. Misuse of any
Trademarks is prohibited, and PPOCREW will aggressively enforce
its intellectual property rights in such Trademarks, including
via civil and criminal proceedings.
9. Those
who choose to access the Site from other locations do so on
their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. Unless provided otherwise in the applicable
official rules, participation in any Contest is limited to
individuals who are legal residents of The Nethelands. We reserve the
right to limit the availability of the Site (including the
provision of any service or other product described thereon) to
any person, geographic area or jurisdiction, at any time and in
our sole discretion, and to limit the quantities of any such
service or product that we provide. VOID OUTSIDE OF THE
ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW.
10.
Termination. This Agreement shall remain effective until
terminated in accordance with its terms. Either party may
terminate this Agreement immediately upon notice to the other
party. In addition, we reserve the right to immediately
terminate this Agreement, and/or your access to and use of the
Site or any portion thereof, at any time and for any reason,
with or without cause. Upon termination of this Agreement by
either party, your right to use the Site and any licenses
granted herein shall immediately cease, and you shall destroy
all Materials obtained from the Site and all copies thereof,
whether made under the terms of this Agreement or otherwise.
11.
Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY
PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, PPOCREW AND ITS AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL
WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM
COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied
warranties, so the above exclusions may not apply to you.
PPOCREW AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE
WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE OR THE SERVER (S) ON WHICH THE
SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND
MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT
NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED
THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR
STATEMENT OF PPOCREW OR ITS AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS, AGENTS, OR OTHER SITE USERS, WHETHER MADE
ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ALL
ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH THE SITE, AND
YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE
ARE ENTIRELY AT YOUR OWN INITIATIVE AND RISK.
12.
Limitation of Liability. NEITHER PPOCREW NOR ANY OF OUR
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR
OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS,
AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS),
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR
MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY
ACTIVITY, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS,
OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR
LINKED SITE, AS APPLICABLE. PPOCREW’S MAXIMUM LIABILITY TO YOU
OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), OR OTHERWISE, SHALL BE ten euro including
goverment tax (NL, BTW 19%).
13.
Indemnification. You agree to indemnify, defend, and hold
PPOCREW, our affiliates, licensors, suppliers, advertisers, and
sponsors, and our and their directors, officers, employees,
consultants, agents, and other representatives, harmless from
and against any and all claims, damages, losses, costs
(including reasonable attorneys’ fees), and other expenses that
arise directly or indirectly out of or from (a) your breach of
this Agreement, including any violation of the Code of Conduct,
above; (b) any allegation that any materials you submit to us or
transmit to the Site, or to other web sites, infringe or
otherwise violate the copyright, trademark, trade secret, or
other intellectual property or other rights of any third party;
and/or (c) your activities in connection with the Site and any
Site-related services.
14.
Questions. The Site is provided by PPOCREW. If you have any
questions, comments or complaints regarding this Agreement or
the Site, feel free to contact us at Web Site Inquiries:
WEBMASTER@PPOCREW.COM. This Agreement is not assignable,
transferable, or sublicensable by you except with PPOCREWs
prior written consent. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading, caption,
or section title contained in this Agreement is inserted only as
a matter of convenience and in no way defines or explains any
section or provision hereof.
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