1. Use of the Site
You may use the Site and its Content for your personal purposes. You may copy or download the Content of the Site, provided that you maintain the Copyright, Trademark or related notices in the Content. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Except as authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site.
If you register to become an Archello member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
You agree to use the Site only for lawful purposes. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate the Site. You agree not to:
- publish, post, upload, distribute or otherwise make available any Content that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable;
- publish, post, upload, distribute or otherwise make available any Content that in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- publish, post, upload, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise);
- publish, post, upload, distribute or otherwise make available any Content that contains software viruses, spyware or any other software, files or programs that may damage the operation of another's computer or property of another;
- publish, post, upload, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- add contributions containing languages other than English. Archello reserves the right to remove those contributions;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- advertise or offer to sell or buy any goods or services for any business purpose;
- harvest or otherwise collect or store personal data about others, including email addresses;
- create a false identity for the purpose of misleading others;
- create an inappropriate (e.g. vulgar, offensive etc) screen name;
- violate any applicable laws or regulations.
You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) Archello does not claim ownership of Content you submit or make available on Archello. However, with respect to Content you submit or make available on Archello, you grant Archello the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. Archello reserves the right to remove any Content from the Site at any time and for any reason.
Archello welcomes feedback regarding ideas that will help satisfy user’s needs and feedback can be provided through the “Contact us” area on the Site. By sending us your comments and ideas, you acknowledge that (1) they will not be considered confidential or proprietary, (2) Archello is under no obligation to keep such information confidential, and (3) Archello will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments and ideas in any manner it chooses.
Archello will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Archello to minimize such disruption where it is within Archello’s reasonable control. YOU AGREE THAT NEITHER ARCHELLO NOR THE SITE WILL BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Links to third-party websites
3. Warranty Disclaimer
Archello makes no warranties, representations or endorsements whatsoever with respect to the Site or the Content. Archello expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site and the Content offered by the Site. Archello does not warrant that the functions performed by the Site will be uninterrupted, timely, secure or error-free, or that defects in the Site will be corrected. Archello does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. Archello does not warrant that files available for downloading through the Site will be free of infection by software viruses or other computer programs. The Archello Site and its Content are provided on an “As is” and “As available” basis.
4. Limitation of liability
In no event will Archello be liable for any damages whatsoever including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (1) the useof or inability to use the Site or the Content, (2) any transaction conducted through or facilitated by the Site, (3) any claim attributable to errors, omissions, or other inaccuracies in the Site and/or the Content, (4) unauthorised access to or alteration of your transmissions or data, or (5) any other matter relating to the Site or the Content, even if Archello has been advised of the possibility of such damages.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Archello, its parent company, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, 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), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement
You agree that Archello may terminate or suspend your use of the Archello Site and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Content. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Archello shall not be liable to you or any third party for any termination or suspension of your access to the Site.
7. General provisions
- Correction of Errors and Inaccuracies. The Content of the Site may contain typographical or other errors or inaccuracies and may not be complete or current. Archello reserves the right to correct errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Archello does not guarantee that any errors, inaccuracies or omissions will be corrected.
- Juridical enforcement. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site or the Content are governed by, and will be interpreted in accordance with, the laws of the Netherlands, without regard to any conflict of laws provisions.
Your correspondence or business dealings with or participation in promotions of advertisers found on or through the Service, including 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 advertiser. You agree that Archello shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. Claims of Copyright Infringement.
If you believe that Content on the Archello Site infringes a copyright, please send us a notice (by postal mail or fax) of copyright infringement to the following address: Archello BV, Binnenhof 62 D, 1412 LC Naarden, Holland, Fax 035 - 69 22 678
Please include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Archello to locate the material;
- Information reasonably sufficient to permit Archello to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above Archello will:
- remove or disable access to the material that is alleged to be infringing;
- forward the written notification to such alleged infringer (the “Alleged Infringer”);
- take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to Archello on the address above that includes substantially the following:
- A physical or electronic signature of the Alleged Infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of court and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above Archello will:
- provide the Complaining Party with a copy of the Counter Notification;
- inform the Complaining Party that it will replace the removed material or cease disabling access to it within twenty days;