ROTTERDAM - FEBRUARY 2009
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TERMS OF SERVICE
Viewer shall use PLATFORM for lawful purposes only. Viewer shall not post or transmit through VANALLERLEI(.COM) any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without VANALLERLEI(.COM)'s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a viewer that in VANALLERLEI(.COM)'s discretion restricts or inhibits any other viewer from using or enjoying VANALLERLEI(.COM) will not be permitted.
VANALLERLEI(.COM) contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of VANALLERLEI(.COM) are copyrighted as a collective work under the Dutch goverment copyright laws. VANALLERLEI(.COM) owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Viewer may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Viewer may download copyrighted material for viewer's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of VANALLERLEI(.COM) and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Viewer acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Viewer shall not upload, post or otherwise make available on VANALLERLEI(.COM) any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with viewer. Viewer shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of VANALLERLEI(.COM), viewer automatically grants or warrants that the owner of such material has expressly granted VANALLERLEI(.COM) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Viewer also permits any other viewer to access, view, store or reproduce the material for that viewer's personal use. Viewer hereby grants VANALLERLEI(.COM) the right to edit, copy, publish and distribute any material made available on VANALLERLEI(.COM) by viewer.
The foregoing provisions are for the benefit of VANALLERLEI(.COM), its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
DISCLAIMER OR WARRANTY / LIMITATION OF LIABILITY
VIEWER EXPRESSLY AGREES THAT USE OF VANALLERLEI(.COM) IS AT VIEWER'S SOLE RISK. NEITHER VANALLERLEI(.COM), ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT VANALLERLEI(.COM) WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF VANALLERLEI(.COM), OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH VANALLERLEI(.COM).
VANALLERLEI(.COM) IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VIEWER SPECIFICALLY ACKNOWLEDGES THAT VANALLERLEI(.COM) IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VIEWERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VIEWER.
IN NO EVENT WILL VANALLERLEI(.COM), OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING VANALLERLEI(.COM), BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE VANALLERLEI(.COM). VIEWER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON VANALLERLEI(.COM).
VANALLERLEI(.COM) shall have the right, but not the obligation, to monitor the content of VANALLERLEI(.COM), including chat rooms, message boards, and forums, to determine compliance with this Agreement and any operating rules established by VANALLERLEI(.COM) and to satisfy any law, regulation or authorized government request. VANALLERLEI(.COM) shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on VANALLERLEI(.COM). Without limiting the foregoing, VANALLERLEI(.COM) shall have the right to remove any material that VANALLERLEI(.COM), in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Viewer agrees to defend, indemnify and hold harmless VANALLERLEI(.COM), its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of VANALLERLEI(.COM) by viewer.
VANALLERLEI(.COM) is a distributor of content supplied by third parties and viewers. Accordingly, VANALLERLEI(.COM) has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, viewers or any other user of VANALLERLEI(.COM), are those of the respective author(s) or distributor(s) and not necessarily of VANALLERLEI(.COM). Neither VANALLERLEI(.COM) nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
