Website Terms of Use

Qimarox B.V. ("QIMAROX") operates this website to provide online information about Qimarox and its products and services (the "Product(s)"). Please read this document carefully before accessing or using this website- (the "Site").

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS OF USE"). If you do not wish to be bound by these Terms of Use, do not access or use the Site and you should immediately cease such use.

Qimarox may modify the Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified terms on the site. You agree to review the Terms of Use periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms of Use.

1. Copyright, Licenses and Idea Submissions.

Domestic and International copyright and trademark laws, including but not limited to the laws of the United States and the Netherlands, protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Qimarox, its affiliates or other third party licensors. EXCEPT AS EXPRESSLY AUTHORIZED BY THESE TERMS OF USE, YOU MAY NOT MODIFY, MANIPULATE, ALTER, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial, non-public use provided that you agree not to change or delete any copyright, trademark or other proprietary notices from such materials. No right, title or interest in any content of the Site is transferred to you, whether as a result of downloading such content or otherwise. QIMAROX reserves complete title and full intellectual property rights in all content of the Site.

You agree to grant to QIMAROX a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to QIMAROX by all means and in any media now known or hereafter developed.

You also grant to QIMAROX the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against QIMAROX for any alleged or actual infringement or misappropriation of any proprietary right in your communications to QIMAROX.

2. Trademarks

QIMAROX and/or any other names belonging to QIMAROX, its affiliates or other third party licensors, or their Web sites, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of QIMAROX, its affiliates or other third party licensors, including the "look" and "feel" of the Site, color combinations, layout, and all other graphical elements. You are prohibited from using any of the marks or logos appearing throughout the Site without express permission from the trademark owner, except as permitted by applicable law.

3. Use of the Site

You understand that, except for information and Products clearly identified as being supplied by QIMAROX, QIMAROX does not operate, control or endorse any information, products or services on the Internet in any way. Except for QIMAROX identified information and Products, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with QIMAROX. You also understand that QIMAROX cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

QIMAROX offers a search feature within the Site. QIMAROX explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. QIMAROX also disclaims any responsibility for the completeness or accuracy of any directory or search result.

In connection with your use of the Site, you agree you will not:

a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;

b) Impersonate any person or entity, including but not limited to, a QIMAROX official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Post or transmit any Material that contains a virus or corrupted data;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any Material posted by any other person or entity;

k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or

l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any QIMAROX Products if you are not expressly authorized by such party to do so.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.

QIMAROX PROVIDES THE SITE AND RELATED INFORMATION ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY PRODUCT INFORMATION OR PRODUCTS OR SERVICES PROVIDED OR TO BE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND NEDPACK SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. NEDPACK DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SERCURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. QIMAROX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT OF THE SITE WILL BE CORRECTED.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, PRODUCTS, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. NEDPACK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL QIMAROX BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION FROM THE SITE. EVEN IF NEDPACK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, ITS CONTENT OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUNE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NEDPACK LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

4. Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

5. Indemnification and Reservation of Rights

You agree to indemnify, defend and hold harmless QIMAROX, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), including attorneys' fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or your use, misuse, access of or inability to access the Site, its content or any violation of these Terms of Use.

QIMAROX reserves the right to release current or past member or Web site user information if QIMAROX believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if QIMAROX deems it necessary and/or appropriate. When applicable, you agree to accept responsibility for any member identification and password information, and all activitivies that occur under your member identification and password.

6. Third Party Rights

The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of QIMAROX and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from The Netherlands or the country in which you reside.

8. Dealings with Third Parties

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that QIMAROX shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

9. Links

The Site may provide, or third parties may provide, links to non-QIMAROX Internet World Wide Web sites or resources. Because QIMAROX has no control over such sites and resources, you acknowledge and agree that QIMAROX is not responsible for the availability of such external sites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. If you use the links to the web sites, you will leave the Site, and will be subject to the terms of use applicable to those other web sites.

You further acknowledge and agree that QIMAROX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Miscellaneous

These Terms of Use shall all be governed and construed in accordance with the Dutch laws, you agree that any legal action or proceeding between QIMAROX and you for any purpose concerning these Terms of Use or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in The Netherlands.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. QIMAROX failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. QIMAROX may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. If any part of these Terms of Use are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.

Any rights not expressly granted herein are reserved. Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of QIMAROX. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.

Nobelstraat 43

3846 CE Harderwijk

T: +31(0) 341 436700

F: +31(0) 341 436701

W: www.qimarox.com

E : [email protected]