Effective date: May 31, 2020
BEFORE USING OUR SITE PLEASE READ ALL TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE YOU INDICATE AN UNDERSTANDING OF OUR TERMS AND CONDITIONS OF USE AND YOUR EXPLICIT ACCEPTANCE OF THOSE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
This Site, ODRATEK.COM (referred to as ODRATEK), is the property of ODRATEK B.V. (“ODRATEK”). By using this Site for any reason, you agree to all Terms and Conditions of Use. Any person viewing this Site for any reason is considered a User for the purpose of these General Terms and Conditions.
ODRATEK reserves the right, at its sole discretion, to change, modify, add or delete portions of these General Terms and Conditions at any time. It is the Site User’s responsibility to check these General Terms and Conditions for changes. Continued use of the Site implies knowledge and acceptance of any and all changes in the General Terms and Conditions. ODRATEK grants Users a personal, non-exclusive, nontransferable, limited privilege to enter and use the Site provided Users continue to abide by all General Terms and Conditions of use.
ODRATEK BV is registered in The Netherlands with its registered office at Piet Heinkade 55 Amsterdam, GM 1019 Netherlands. ODRATEK is registered under the Chamber of Commerce number 77284321.
Use of the Site is subject to these Terms and Conditions of Use. Acceptance of these Terms and Conditions of Use is an electronically binding agreement between each Site user and ODRATEK. If a User does not accept these Terms and Conditions of Use, that User should not register for or participate in using the Services offered by and through ODRATEK.
ODRATEK, its parent and affiliates (“we” or “us”) make available the Services to you on the condition that you abide by this Agreement. The Services give users the ability to access and share their profiles and other Content. We may, in our sole discretion, change any aspect of the Services or discontinue any Service without notice. The Services are based in The Netherlands. The Services are not designed or customized for any other country; you may use them only if they comply with the laws of the country from which you are accessing our Services.
The Services include this Site and may also be located on third party Sites or applications either by way of a link from, an add-on service to, or otherwise in connection with, Sites that such third parties control. We are not legally responsible for and do not warrant, represent, or guarantee any goods, services, information, or anything else provided by third parties. If a User should have a dispute with a third party, we are in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.
Please read this Agreement carefully before creating, accessing, or using the Services. You understand and agree that this Agreement governs your relationship with us and that it has the same effect as an agreement in writing.
We hereby grant you a limited, nonexclusive, and nontransferable right and license to use ODRATEK in accordance with this Agreement.
You may not:
- create any derivative works based on ODRATEK’s editorial Content, audio recordings, original source code, or any part thereof;
- distribute, license, sublicense, promote, distribute, market, sell, lease, assign, convey, transfer or transmit its editorial Content, audio recordings, or any part thereof (whether physically or electronically);
- decompile, disassemble, decode or otherwise reverse engineer its proprietary technology, or any part thereof;
- charge for access to ODRATEK.COM or establish an independent payment gateway to a page embedded from ODRATEK.COM; or,
- use ODRATEK.COM’s logos or trademarks without our consent.
All right, title and interest in and to each of the following is, shall be, and at all times shall remain the exclusive property of ODRATEK and any third parties whose software programs may have been, or may be, incorporated:
- its original editorial Content, the Object Code and the Source Code;
- any software, software modifications, derivative works, processes, configurations, system referenced data, procedures and other intellectual property rights relating to data processing and information technology developed or held by either party hereto from its use of ODRATEK or in the performance of its obligations according to this Agreement; and,
- all copyright, trademark, patent, trade secret and intellectual property rights in its scripts and synchronization tools.
ODRATEK, on behalf of itself and any third-parties with software, licensed materials, or editorial Content that may have been, or may be, incorporated into ODRATEK, reserves all of its, and all of such third-parties’, rights in the same.
If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any visible information on ODRATEK.COM.
If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.
To use our Services, you must:
- comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
- immediately notify us if you learn of a security breach or other illegal activity on the Services;
- protect your username and password;
- not post Content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
- not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
- not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or Content from any Service for any reason; and,
- not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
You may not post Content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post Content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.
We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.
Who will see my Content?
If you create a profile on the Services, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all consequences and activities that occur under your account. You must not add text to, describe, or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that we consider inappropriate or unlawful, or is otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We reserve the right to charge or change the payment terms and fees for any Service or feature upon thirty (30) days prior written notice to you. If you do not agree to the fees, you may terminate the Services before the new fees take effect without penalty to you.
Any trial promotion for a fee-based Service must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a subscription fee. However, even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and any sub- or linked-accounts. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials, promotions, and other offers.
Disputes With Us
If a dispute arises between you and ODRATEK, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you first to contact us directly to seek a resolution by emailing us at firstname.lastname@example.org.
For any claim, ODRATEK may elect to resolve the dispute in a cost-effective manner through binding arbitration, as described below in the section Miscellaneous.
Copyright and Trademark Claims
Copyright and trademark owners can report alleged violations by sending an email to email@example.com.
The Services and the Content provided on the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their Content, and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content. This Agreement does not transfer to you any of our or third party intellectual property. Nothing in this Agreement grants you a right or license to reproduce or otherwise use any of our or third party’s trademarks, service marks, logos, and trade names.
We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any subscription-based fee-based services) before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes. We may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement and any supplemental terms that accompany the new features.
We may terminate your access to all or any part of the Services and terminate your account at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
WE SUPPLY THE SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
Limitation of Liability
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, ODRATEK’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
General Representation and Warranty
You agree to indemnify and hold harmless us, our parent, affiliates, contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the ODRATEK Site or ODRATEK mobile applications, including but not limited to your violation of this Agreement.
The Content provided on the Services, including Content posted by users, is for general information, discussion, and entertainment purposes only. We make no representations or guarantees about any aspect of the Content on the Services and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS,” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
This Agreement, along with any supplemental terms accompanying certain Services, constitutes the entire agreement between you and us concerning the subject matter hereof, and they may only be modified by a written amendment signed by one of our authorized executives or if we post changes to these terms.
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAW OF THE NETHERLANDS WITHOUT REGARD TO CONFLICTS OF LAW. ODRATEK’s failure to exercise or enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of any future right or provision.
If any provision or right contained in these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such provision or right shall be severed from these Terms and Conditions, and the remainder of these Terms and Conditions shall continue to be binding upon User to the maximum extent allowed by law.
ANY AND ALL CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS WILL BE SETTLED IN BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE DUTCH ARBITRATION ACT. ANY AND ALL CLAIMS OR CONTROVERSIES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND MUST NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY OTHER CLAIM OR CONTROVERSY OF ANY OTHER PARTY. SUCH ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY IN THE NETHERLANDS AND ANY JUDGMENT RENDERED MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER USER OR ODRATEK MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN THE NETHERLANDS AS MAY BE NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF USER OR ODRATEK.
WITH RESPECT TO ANY LITIGATION BASED ON, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF THIS SITE, THE SERVICES OR THE MATERIALS, THE PARTIES HEREBY EXPRESSLY SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE NETHERLANDS. THE PARTIES HEREBY EXPRESSLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT THEY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE, INCLUDING WITHOUT LIMITATION ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Regardless of any statute, law, regulation, or otherwise to the contrary, any claim or controversy arising out of or related to the use of the Services or Site must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall result in such claim being forever barred.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
We can be contacted via email at firstname.lastname@example.org or via mail at ODRATEK BV, Piet Heinkade 55 Amsterdam, GM 1019 Netherlands.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.
What Happens To My Account When I Die?
Our pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or account information after you are no longer able to provide them access, you need to implement a process for providing your account information to them. We will not provide your account information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your account information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
If I Have A Great Idea To Share With ODRATEK, What Are My Rights?
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to ODRATEK through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) ODRATEK is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) ODRATEK shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) ODRATEK may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of ODRATEK without any obligation of ODRATEK to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from ODRATEK under any circumstances.
Last Updated: May 31, 2020
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