PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY AS THEY APPLY TO ALL USERS (“user” or “you/your/yours”) OF THIS WEBSITE, WWW.EURAMEC.COM (“Website“), WHICH IS OWNED AND OPERATED BY EURAMEC NV (“EURAMEC” or “We/Us/Our”). BY ACCESSING, VIEWING, AND/OR USING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.
We reserve the right, in our sole and absolute discretion, to change, modify, add or remove portions of these Terms and Conditions at any time without notice. We will post the revised Terms and Conditions to the Website and the changes will be effective upon such posting. Your continued use of the Website following any modification constitutes your agreement to and compliance with these Terms and Conditions. We value your privacy, therefore, before using the Website, please read Our Privacy Policy as it also governs your use of the Website and provides additional details. These Terms and Conditions were last modified on March 16, 2021.
I. Access Rights and Indemnity
Subject to your agreement to these Terms and Conditions and continued compliance with the same, you are granted a limited, non-exclusive, and revocable license to access and make personal and non-commercial use of this Website. All information provided on this Website is for your personal reference only and the same may be updated, amended, or modified at any time. Your use of this Website is at your own risk. You shall indemnify, defend, and hold Us, our affiliates, licensees, successors, and assigns and their respective officers, directors, employees, administrators, contractors, agents, licensors, successors and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of these Terms and Conditions or your access or use of the Website, your access or use of the content, or any user content or submission (including any use or access by your employees, agents, or representatives), or your violation of these Terms and Conditions. In addition, we may provide links to third party websites. These links are provided as helpful tools; however, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these entities or the content of their websites. If you choose to visit any of these third party websites, you should carefully review any privacy policies and terms and conditions of use posted there. EURAMEC does not assume any responsibility or liability for the actions, products, or content of these or any other third parties.
II. Proprietary and Intellectual Property Ownership Rights
The design and content of this Website, including all trademarks, text, information, models, and graphics, contained within or made available through the Website (collectively, EURAMEC Content”) are the sole and exclusive proprietary property of EURAMEC or another third party and protected by copyright, trademark, and other United States and international intellectual property laws. Further, the selection, arrangement, and design of the all content of this Website, are the sole and exclusive property of EURAMEC. Except where otherwise noted, permission to use any content of the Website is granted subject to the following terms and conditions: (1) none of the copyright, trademark, or other proprietary notices shall be altered, changed, or removed, (2) the content of the Website shall not be changed, edited or modified in any way, (3) all use of the content shall be for your personal informational use only and the Website and no content shell be used for any commercial purposes, (4) the Website content shall not to be used in a misleading or deceptive manner, and (5) you shall not use any Website content in a manner that may suggests an association or affiliation with EURAMEC or any of its services, initiatives, or other activities. Further, nothing in these Terms and Conditions is intended to provide any rights in or license to any underlying system data, report, application, software, algorithms, coding, or any other components of any of the models made available on the Website, which, together with EURAMEC Content, shall always be the sole and exclusive property of EURAMEC or an applicable third party. Further, any third party images and names mentioned on this Website are the trademarks or service marks of their respective owners. Any other content posted on this Website is the copyrighted work of the author or owner. You may not use any trademarks or service marks without the express written consent from EURAMEC or the applicable owner.
III. Shared Information and Content
Neither these Terms and Conditions nor your use of the Web site creates any confidential relationship between you and us. We shall not have any liability whatsoever for the results of submissions of information or requests to this Website or by means of this Website. We reserve the right to change the products and services referred to in this Website or to discontinue this Website altogether. Further, all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video, or other materials (the “User Content”) posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all of the User Content that you post, email, or otherwise make available through the website. By uploading or otherwise posting any User Content on the Website, you represent and warrant: (1) you own or otherwise have all necessary rights, including but not limited to copyrights, to the User Content you provide and the rights to use it as provided in this Terms and Conditions; (2) all information you provide is true, accurate, current, and complete, and does not violate these Terms and Conditions; and (3) the User Content will not cause injury to any person or entity. For all User Content you provide to us through the Website, you grant us, our affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such User Content, including, without limitation, in printed or electronic form and for purposes other than the Website. In addition, you agree not to upload, transmit, distribute, or otherwise publish in or on the website any User Content which is illegal or otherwise harmful, including the following: (1) off topic, personal attacks, libelous, defamatory, obscene, abusive, threatening or an invasion of privacy; (2) an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; and/or (3) an advertisement or solicitation of funds, goods or services. You further agree not to impersonate anyone else or pass yourself off as someone else. We can take any action or no action with respect to any submission, in our sole discretion.
IV. Copyright Complaints
EURAMEC respects the intellectual property of others, and we ask our visitors to do the same. EURAMEC may, in appropriate circumstances and at its discretion, terminate access to a Website user who infringes the intellectual property rights of others. If you believe that a work protected by a copyright has been linked to, posted, stored, copied, or made accessible on the Website in a way that constitutes copyright infringement, please alert EURAMEC by notifying EURAMEC’s Designated Agent for notices of claims of copyright infringement as set forth below. We will respond to notices of alleged copyright infringement that comply with applicable law and this section of these Terms of Use. In accordance with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any content accessible on this website infringes your copyright, you may request removal of that content from this website by submitting written notice, with your physical or electronic signature, that includes the following information (the “DMCA Notice”):
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this website, a representative list of such works;
- Identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
- Information by which we can contact you (including your name, postal address, telephone number and e-mail address);
- A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent or the law (e.g. is not a “fair use”);
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
By Mail: EURAMEC NV, Aartstraat 30, B-9220 Hamme, Belgium
By Phone: +32 52 480 445
By E-mail: Bertb@euramec.com
If you knowingly materially misrepresent that any Content on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
V. Disclaimer of Warranties
THIS WEB SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE WEBSITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. ACCORDINGLY, EURAMEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. IN ADDITION, EURAMEC MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS WEBSITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. FURTHER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, INTEGRITY, RELIABILITY, AND COMPLETENESS OF THE INFORMATION PROVIDED. EURAMEC DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE WITH RESPECT TO THE WEBSITE CONTENT. EURAMEC SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR ACCESS, OR INABILITY TO ACCESS, THIS WEBSITE OR OTHER SITES OWNED OR CONTROLLED BY EURAMEC, OR YOUR RELIANCE ON THE INFORMATION ON THE WEBSITE.
VI. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EURAMEC AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR FOR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ITS CONTENT, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EURAMEC OR AN EURAMEC-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VII. Remedies
Your access and use privileges of this Website and its content are conditioned upon your adherence to these Terms and Conditions. EURAMEC has the right to deny you access and use of this Website and its content and to remove any submissions if you violate (as EURAMEC may determine in its sole and absolute discretion) any provision of these Terms and Conditions. EURAMEC reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify, and hold EURAMEC and its Representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party in connection with or arising out of your access to, or use of, this Website or any of its content in a manner other than as expressly authorized by these Terms and Conditions, your breach of these Terms and Conditions, or your violation of applicable laws or any third party rights.
VIII. Entire Agreement; Severability; Waiver
These Terms and Conditions, together with the Privacy Policy, contain the entire agreement between you and EURAMEC regarding the use of the Website and its content and supersede any and all other agreements between you and EURAMEC with respect to matters in these Terms and Conditions. EURAMEC’s failure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such provision, or any other provision in these Terms and Conditions. If any provision of these Terms of Use is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from these Terms of Use and the remaining provisions of these Terms of Use shall remain in force. If we waive enforcement of any provision in these Terms of Use, we are not obligated to continue to waive it. These Terms of Use and the Privacy Policy contain the entire agreement between us concerning your use of the website.
IX. Interpretation
These Terms and Conditions are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted standards of the Internet community, whether or not expressly mentioned in these Terms and Conditions, is prohibited. EURAMEC reserves the right at all times to prohibit activities that damage its reputation and goodwill, or the commercial reputation and goodwill of its members. We may take whatever action we deem appropriate, including (among other things) investigating allegations of improper activities, making reports to law enforcement authorities, or terminating service if we believe that there has been a violation of these Terms and Conditions.
X. Choice of Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your use of the Website shall be filed only in commercial courts located in Belgium, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.