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
