These Terms of Use (these "Terms of Use") govern the use of the website(s) and platform(s) provided by RedOrange Industry B.V. ("RO-I") with a homepage located at the URL www.redorangeindustry.com ("Site") and related classification system, facilities and services, including without limitation, As used herein, "You" and "Your" refers to individuals that accesses or otherwise use the Site and or the Service.
Acceptance
YOUR AFFIRMATIVE ACCEPTANCE OF THESE TERMS OF USE AND/ OR YOUR USE OF THIS PLATFORM OR THE SERVICE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND THE PRIVACY POLICY, YOU SHOULD IMMEDIATELY CEASE USE OF THE SITE AND THE SERVICE AND CEASE USE OF ALL INFORMATION AND MATERIALS YOU OBTAINED THROUGH THE SITE.
Site and Service(s)
RO-I. grants you a limited, revocable, nonexclusive license to access the Site, and if you are a registered RedOrange Industry user (“User”), to access and use that portion of the Service limited to Users, for your own personal use. You may not sub-license your rights hereunder to a third party, and this license does not extend to:
Modifications
RO-I. may amend these Terms & Conditions at any time. The amended terms will be effective upon posting on the Site, or if you are a User, upon email notification to you that the Terms & Conditions have been amended. Your continued use of the Site and/or Services provided by RO-I. indicates Your continued agreement to be bound thereby.
Registration Representations
When You register for the Site, You represent and warrant that all of the information You provide as part of that registration is true, complete and accurate. You also agree to notify RedOrange Industry immediately at any time information You have provided ceases to be true, complete or accurate.
Personal Access codes
The User is solely responsible for the use and protection of its Personal Access codes (Username and password(s)) and User agrees to take all reasonable precautions to protect the security and integrity of its Personal Access codes and to prevent unauthorized use thereof. If User becomes aware of any unauthorized access or use of the Service with its Codes, User will immediately notify RedOrange Industry.
Site availability
While RedOrange Industry objective is to make the Site accessible 24 hours per day, seven (7) days per week, RedOrange Industry may make the Site unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of RO-I., access to the Site may be interrupted, suspended or terminated from time to time. YOU AGREE THAT RO-I SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE.
Behaviour and Privacy
Applicable Laws
You agree to comply with all applicable local, national, and international laws, statutes, rules and regulations relating to Your use of the Site and the Services.
Malicious Intent
You agree not to tamper with the software or functionality of the Site or the Services and not to introduce any material into the Site or the Services that contains any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.
Information Privacy
You shall not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy of any other user of the Site in any applicable jurisdiction. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.
The Site may contain links to third party websites not under the control or operation of RO-I. Such links are provided only as a convenience and RO-I does not endorse and is not responsible for the contents or any linked site or any link contained in a linked site. Unless You have written authorization from RO-I, You may not provide a hyperlink to the Site from another website. RO-I reserves the right to revoke its consent to any link at any time in its sole discretion.
Security
The security of the Site shall be maintained through the use of various technical controls including passwords and secure socket layer (SSL) which RO-I. may employ. However, You acknowledge that RO-I. cannot guarantee that the Site, the Service or information transmitted by You to the Site and/or Service will be protected against all third party or other actions beyond its reasonable control.
Intellectual Property and Privacy
All data and materials developed or provided by RO-I in connection with the operation of the Site, including, without limitation, all proprietary rights inherent therein or appurtenant thereto, shall be the exclusive property of RO-I and may not be used by You without RO-I express written consent. RO-I ‘s use of information collected from Users shall be in accordance with the Privacy Policy located at http://www.redorangeindustry.com.
User hereby grants to RO-I a non-exclusive, worldwide, transferable, perpetual, irrevocable and royalty-free license to use, display, publish and distribute, in connection with operating and promoting the Site, in any media now known or hereafter developed, all information and materials collected from User or provided by User, subject to the terms and conditions of the Privacy Policy.
Termination
These Terms of Use may be terminated at any time and for any reason or for no reason by RO-I or by You. Notice of termination shall be in the form of a written notice and termination shall be effective upon the receiving party's receipt of such notice. You shall have no recourse and RO-I shall have no liability with respect to any such termination. All provisions of these Terms of Use relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.
Relationship of the Parties
You and RO-I are independent contractors, and no agency, partnership, joint venture, employer-employee or other similar relationship is intended or created by Your acceptance of these Terms & Conditions or use of the Site.
Applicable Law
This Agreement shall be governed, interpreted by and construed in accordance with the laws of the Netherlands. All disputes arising out of or in connection with the performance of this Terms and Conditions shall be exclusively submitted to the competent court at Rotterdam
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT REDORANGE INDUSTRY PROVIDES THE SITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. REDORANGE INDUSTRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
Limitation of Liability
REDORANGE INDUSTRY SHALL HAVE NO LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS BY (A)USERS OF THE SITE OR (B)THIRD PARTIES AND OUTAGES OR NON-AVAILABILITY OF THE SITE OR ANY PORTION OF THE SERVICE. YOU AGREE THAT NEITHER RO-I., NOR ANY OFFICER, AFFILIATE, DIRECTOR, EQUITY HOLDER, AGENT OR EMPLOYEE OF RO-I. WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS.
Jurisdiction Issues
The Site and the Services may be controlled, operated and administered by RO-I from its offices in Hilversum, The Netherlands any other location selected by RO-I from time to time. RO-I makes no representations that the Site and Services are appropriate for use in all locations, or that transactions, products instruments or services discussed are available or appropriate for sale or use in all jurisdictions. Those who access the Site and/or use the Service do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.
20. Miscellaneous
- Headings
The headings used in these Terms of Use and the Privacy Policy are intended for convenience only. They are not a part of the written understanding between the parties, and they shall not affect the construction and interpretation thereof. - No Waiver
A party's failure to insist upon or enforce strict performance of any provision of the Terms of Use or the Privacy Policy shall not be construed as a waiver of such provision or right. - Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms of Use, which shall remain in full force and effect. - Use of Name
You may not publicly use RO-I's name, trademarks or logos without RO-I's prior written consent. In the event Your company has executed a written agreement with RO-I, the terms and conditions set forth in such agreement shall apply to any public statements made by You regarding RO-I. - Questions
Questions regarding these Terms of Use should be directed to info@redorangeindustry.com or at the following address:
‘s Gravelandseweg 48
1217 ET Hilversum
The Netherlands
I accept these conditions by acknowledging them
Last Modified May 2009