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TERMS AND CONDITIONS OF USE

1. Applicability:
These Terms and Conditions of Use apply to the use of this Web Site. If you do not accept these Terms and Conditions of Use or do not accept them in full, you may not use this Web Site. Using this Web Site constitutes acceptance of these Terms and Conditions of Use.

2. Hyperlinks:
This Web Site may contain hyperlinks to web sites of third parties. These hyperlinks are intended solely for your convenience. Colibri bv is not responsible for these web sites, and the fact that Colibri bv includes these hyperlinks does not imply that it approves the content of these web sites.

3. Use of Web Site and Information:
This Web Site is for your personal and non-commercial use. You are not permitted to alter, copy, distribute, make public, link with other web sites, make available to third parties, and/or use for any other purposes then the purposes mentioned in the last sentence of this paragraph, any Information obtained through this Web Site. You are not permitted to use this Web Site for wrongful acts and/or acts that are not permitted pursuant to these Terms and Conditions of Use. With due observance of the above and with due observance of these Terms and Conditions of Use, however, you are permitted either to copy the Information insofar as technically necessary to be able to consult the Web Site or to print the Information for personal, non-commercial use, as long as you copy the copyright information unaltered.

4. Entering messages on the Web Site, restricting access to the Web Site:
If this Web Site offers the possibility of leaving messages in any form whatsoever which can be read/retrieved by third parties, these messages must be clearly and demonstrably linked to the content of the Web Site and may not be contrary to the public order and good morals, they may not be offensive or otherwise scandalous or wrongful vis-à-vis third parties, they may not infringe the rights of third parties, give rise to criminal or civil litigation, and they may not contain any viruses or other harmful files. You are aware that third parties can read your messages and that Stork in no way guarantees that these messages will be kept secret. Stork may at all times refuse, remove, or alter messages entered by you, and/or supply these messages, if required, to government institutions, police, judicial or similar institutions.
Colibri bv may at all times deny you access to the Web Site.

5. Information supplied to Colibri bv:
If you send information to Colibri bv through a hyperlink or through Colibri’s e-mail address, you thereby give Colibri bv irrevocable permission to make this information public, if desired, and to use, process or exploit this information in whatever way Colibri bv sees fit without being obliged to pay compensation.

6. Alteration of Information and Terms and Conditions of Use:
The Information on this Web Site and the Terms and Conditions of Use are periodically altered. Colibri bv may at all times alter the Information on the Web Site and the Terms and Conditions of Use. Colibri bv advises you to frequently consult the Web Site and the Terms and Conditions of Use in order to remain continually informed of the current state of affairs.
NO GUARANTEE OR WARRANTY REGARDING INFORMATION/VIRUSES ET CETERA/EXCLUSION OF LIABILITY:

7. COLIBRI BV TAKES ALL REASONABLE MEASURES TO PREVENT INCORRECT OR INCOMPLETE INFORMATION FROM APPEARING ON THIS WEB SITE, BUT DOES NOT IN ANY WAY GUARANTEE OR WARRANT (NEITHER EXPLICITLY NOR IMPLICITLY) THE ACCURACY OR COMPLETENESS OF THE INFORMATION. NOR DOES COLIBRI BV GUARANTEE OR WARRANT THAT THIS WEB SITE OR THE SERVER SUPPORTING THIS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL PROGRAMS.

8. USE OF THIS WEB SITE IS AT YOUR OWN RISK.
INSOFAR AS PERMITTED BY LAW, COLIBRI BV DOES NOT ACCEPT ANY LIABILITY FOR DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT DAMAGE, INDIRECT DAMAGE, CONSEQUENTIAL DAMAGE, LOSS OF BUSINESS, ADDITIONAL DAMAGE, INCIDENTAL DAMAGE AND PARTICULAR DAMAGE, DAMAGE TO NET ASSETS, LOSS OF ELECTRONIC DATA, LOSS OF PROFIT, LOSSES ICCURED, LOSS OF CLIENTS, OR ANY OTHER FORM OF DAMAGE) RESULTING IN ANY WAY WHATSOEVER FROM INFORMATION APPEARING ON THIS WEB SITE, OR ANY USE WHATSOEVER OF THIS WEB SITE, UNLESS AND TO THE EXTENT SUCH DAMAGE IS ATTRIBUTABLE TO INTENTIONAL ACTS OR OMISSIONS AND/OR INTENTIONAL RECKLESSNESS ON THE PART OF COLIBRI BV AND/OR ITS MANAGEMENT.

9. Copyright:
All rights with respect to this Website fully belong to Colibri bv and use of this Website or parts thereof is, unless determined explicitly otherwise in the Terms and Conditions of Use, without prior written permission of Colibri bv not allowed.

10. Intellectual or industrial property rights:
This Website and all Information on this Web Site is subject to either the intellectual or industrial property rights or licenses or other rights thereto held by Colibri bv in the Netherlands and no single right thereto is extended to you.

11 Conversion:
If any provision of these Terms and Conditions of Use is invalid, avoidable, or otherwise unenforceable, that provision is then deemed to be replaced by a valid and enforceable condition encompassing the original intention of the invalid, avoidable or unenforceable provision as much as possible. All other provisions remain in effect.

12. EVIDENCE:
IN ALL DISPUTES RESULTING IN ANY WAY FROM THE USE OF THIS WEB SITE, INCLUDING DISPUTES REGARDED AS SUCH BY ONLY ONE PARTY, COLIBRI’S RECORDS OF THE USE OF THE WEB SITE, COLIBRI’S RECORDS OF INFORMATION ON THE WEB SITE, COLIBRI’S OTHER RECORDS RELATING TO THE WEB SITE AND COLIBRI’S COMPUTER PRINTOUTS WILL BE ADMISSIBLE AS EVIDENCE, AND CONSTITUTE EVIDENCE OF THE FACTS THEREIN, UNLESS BEYOND DOUBT PROVEN OTHERWISE.

13. APPLICABLE LAW AND COMPETENT COURT:
ALL DISPUTES RESULTING IN ANY WAY FROM THE USE OF THIS WEB SITE, INCLUDING DISPUTES REGARDED AS SUCH BY ONLY ONE PARTY, SHALL EXCLUSIVELY BE GOVERNED BY DUTCH LAW AND SHALL EXCLUSIVELY BE SETTLED BY THE COMPETENT COURT IN ‘S-HERTOGENBOSCH


Last revision : March, 2004 by J. Bassols