Conditions of Use

 

The CPMview Website consists of various web pages operated by CPMview. The CPMview Website is provided by CPMview Consulting BV (CPMview) conditioned on your acceptance without modification of the terms, conditions and notices therein. Your use of the CPMview Website constitutes your agreement to all these terms, conditions and notices.

MODIFICATION OF THESE GENERAL TERMS AND CONDITIONS

CPMview reserves the right to change the terms, conditions, and notices under which the CPMview Website is offered.

LINKS TO THIRD PARTY WEBSITES

The CPMview Website may contain links to other websites (Linked Sites). These Linked Sites are not under the control of CPMview and CPMview is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates made to a Linked Site. CPMview is not responsible for the webcasting or any other form of transmission received from a Linked Site. CPMview is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by CPMview of the relevant site nor any association with its operation.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CPMview Website, you warrant to CPMview that you will not use the CPMview Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the CPMview Website in any manner which could damage, disable, overburden, or impair the CPMview Website, nor interfere with any other party’s use and enjoyment of the CPMview Website. You may not use the CPMview Website to obtain or attempt to obtain any materials or information through any means when the relevant materials or information is not provided or made available for that purpose.

USE OF COMMUNICATION SERVICES

The CPMview Website may contain bulletin board services, chat areas, newsgroups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively: ‘Communication Services’). You agree to use these Communication Services only to post, send and receive messages and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, offensive or unlawful topic, name, material or information.
  • Upload files to the Website that contain software or other materials protected by intellectual property rights (or by rights of privacy of publicity), unless you own or legally control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless the Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations. CPMview has no obligation to monitor the Communication Services. However, CPMview reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. CPMview reserves the right to terminate your access to any or all of the Communication Services at any time without notice, for any reason whatsoever.

CPMview reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at CPMview’s sole discretion.

Always use caution when giving out any personally identifiable information about you or your children in a Communication Service. CPMview does not control or endorse the content, messages or information in a Communication Service and, therefore, CPMview specifically disclaims any liability with regard to these Communication Services and any actions resulting from your participation in a Communication Service. Managers and hosts are not authorised CPMview spokespersons, and their views do not necessarily reflect those of CPMview.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CPMview OR POSTED TO A CPMview WEBSITE

CPMview does not claim ownership of the materials you provide to CPMview (including feedback and suggestions) or post, upload, input or submit to any CPMview Website or its associated services (collectively: ‘Submission’). However, by posting, uploading, inputting, providing or submitting your Submissions, you are granting CPMview, its affiliated companies and the necessary sublicensees, permission to use your Submission for their Internet operation, including without limitation the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CPMview is under no obligation to post or use your Submission and may remove the Submission at any time at CPMview’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including without limitation all the rights necessary for you to provide, post, upload, input or submit your Submission.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CPMview WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CPMview AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE CPMview WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CPMview WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CPMview AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CPMview WEBSITE FOR ANY PURPOSE WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. CPMview AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CPMview AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOSS OF USE OF DATA ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CPMview WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CPMview WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CPMview WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CPMview WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CPMview HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JUDICIAL SYSTEMS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CPMview WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CPMview WEBSITE.

TERMINATION/ACCESS RESTRICTION

CPMview reserves the right, in its sole discretion, to terminate your access to the CPMview Website and the related services or any portion thereof at any time, without prior notice. GENERAL To the maximum extent permitted by applicable law, this agreement is governed by the laws of the Netherlands. You hereby irrevocably consent that all disputes that arise from or are connected to the use of the CPMview Website, fall under the exclusive jurisdiction and venue of Dutch law. Use of the CPMview Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CPMview as a result of this agreement or use of the CPMview Website. CPMview’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these General Terms and Conditions is in derogation of CPMview’s right to comply with governmental, law enforcement and court requests or requirements relating to your use of the CPMview Website or information provided to or gathered by CPMview with respect to such use. If any part of these Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the General Terms and Conditions shall remain in effect. Unless otherwise specified herein, these General Terms and Conditions constitute the entire agreement between the user and CPMview with respect to the CPMview Website and this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, verbal or written, between the user and CPMview with respect to the CPMview Website. A printed version of these General Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Any rights not expressly granted herein are reserved.