BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS (the “Terms”) SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. RADIAL SG (RADIAL) MAY MODIFY THESE TERMS 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 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.
Domestic and international intellectual property laws, including, without limitation, copyright and trademark laws protect the entire contents of the Site. The owner of all intellectual property, copyrights, and trademarks existing in the Site now and in the future is Radial SG, its affiliates, or other third-party licensors. YOU MAY NOT MODIFY, 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 non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Radial SG a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license for commercial purposes, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information which you submit to any public areas of the Site (including, without limitation, ideas contained therein for new or improved products and services) such as on bulletin boards, forums, and newsgroups, or by e-mail to Radial SG in any media or other communication to Radial SG now known or hereafter developed. You also grant to Radial SG the right to use your name in connection with the submitted materials and other information for any purposes which Radial SG reasonably requires as well as in connection with all advertising, marketing and promotional material related thereto by Radial SG. You agree that you shall have no recourse against Radial SG for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Radial SG.
You agree to indemnify and hold harmless Radial SG and its affiliates from and against any and all claims, damages, expenses, costs, and liabilities brought or asserted by a third party due to or arising from a claim that Radial SG or its affiliates, or third-party licensors’ or licensees’ use of the materials or information submitted by you infringes the intellectual property rights of any third party.
Radial SG, Viewport and/or any other trademarks, trading names, domain names or business names, owned by, belonging to or used by Radial SG, whether registered or unregistered, and its web sites, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the Site (the “Proprietary Material”) are the exclusive trademarks or service marks of Radial SG, including the “look” and “feel” of the Site, colour combinations, layout, and all other graphical elements. Any use of such Radial SG trademarks or other Proprietary Material is strictly prohibited without the express permission from Radial SG. Other product and company names mentioned in the Site remain the trademarks of their respective owners.
You understand that, except for information, products or services identified as being supplied by Radial SG, Radial SG does not operate, control or endorse any information, products or services on the Internet in any way. Except for Radial SG identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Radial SG and Radial SG has no liability for such information, products or services.
Radial SG 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 virus checking 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.
Radial offers a search feature within the Site. Radial explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Radial SG 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:
PLEASE READ THIS SECTION CAREFULLY!
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET AND EXCEPT AS SET OUT BELOW RADIAL SG DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR ACCESS TO THE SITE.
RADIAL SG PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE) CONCERNING THE SITE, ANY PRODUCT INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
RADIAL SG SHALL NOT BE LIABLE TO YOU FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
EXCEPT AS SET OUT BELOW, RADIAL SG WILL NOT 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 OR SITE. EVEN IF SUCH DAMAGES ARE IN THE REASONABLE CONTEMPLATION OF THE PARTIES. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE RADIAL SG’S LIABILITY FOR:
FURTHER, RADIAL SG WILL NOT BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE.
THE AGGREGATE LIABILITY (INCLUSIVE OF INTEREST AND OTHER LEGAL COSTS) OF RADIAL SG TO YOU IN RESPECT OF ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE (WHETHER BY REASON OF ANY NEGLIGENCE BY RADIAL SG OR ANY OF ITS EMPLOYEES OR AGENTS, ANY NON-FRAUDULENT MISREPRESENTATION, ANY BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, OR UNDER THE TERMS OF ANY INDEMNITY GIVEN BY RADIAL SG SHALL NOT IN ANY EVENT EXCEED €100.
RADIAL SG DOES NOT GUARANTEE THAT ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED AND ERROR-FREE. FROM TIME TO TIME RADIAL SG MAY SUSPEND MAINTENANCE OR INTRODUCE NEW FACILITIES.
BECAUSE SOME LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, RADIAL LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW
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.
You agree to indemnify, defend and hold harmless Radial SG, its affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including solicitors fees, resulting from any breach of these Terms (including negligent or wrongful conduct) by you or your use and access of the Site.
The provisions of paragraphs 3 (Use of the Site), and 6 (Indemnity) are for the benefit of Radial SG‘s affiliates, 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 enforce these provisions directly against you according to the Contracts (Rights of Third Parties) Act 1999. Unless expressly stated in these Terms nothing in these Terms shall confer any rights on any person under the Contracts (Rights of Third Parties) 1999.
Recognizing the global nature of the Internet, you agree to comply with all local laws, legislation, directives, policies, and rules including, without limitation, in relation to 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.
Radial SG will determine your use of the Site, in our discretion, where there has been a breach of these Terms through your use of the Site. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms constitutes a material breach of the Terms upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
Radial SG excludes liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
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 Radial SG shall not be responsible or liable for any loss, damage or other matters of any sort incurred as a result of any such dealings.
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. Radial SG, therefore, disclaims all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the Website or any third party or user, or by anyone who may be informed of any of its contents. Radial SG does not warrant that it will verify the accuracy of any third-party contributions.
The Site may provide, or third parties may provide, links to non-Radial SG Internet World Wide Web sites or resources. Because Radial SG has no control over such sites and resources, you acknowledge and agree that Radial SG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Radial SG 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.
The Terms shall be governed and construed in accordance with the laws of The Netherlands and both parties shall submit to the exclusive jurisdiction of the Courts of The Netherlands.