1. THE USE OF THIS SITE IMPLIES YOU ACCEPT THESE TERMS AND CONDITIONS
Your access to and use of the usd.nl website is subject to the following terms and conditions of use and subject to all applicable laws and regulations. By visiting and using this site, you fully and unreservedly agree to these terms and conditions of use and acknowledge that they replace all other relevant agreements between you and United Soft Drinks B.V. (the ‘Company’). If you do not fully and unreservedly endorse or accept these terms and conditions of use, please leave this site.
2. CONTENT OWNERSHIP
The site and all its content, including, but not limited to, all texts and photographs (“Content”) are copyrighted and owned by United Soft Drinks B.V. unless stated otherwise. The use of the content, except as provided for in these terms and conditions of use, is strictly prohibited without the written permission of the owner of the content. Users are warned that United Soft Drinks B.V. will aggressively enforce their intellectual property rights using all legal means, including criminal prosecution.
3. USE OF THE SITE
The Company grants you a limited, personal, non-transferable, non-negotiable and revocable right to use the site as follows:
- You may not use images of people, products or events from the site without the written permission of the Company;
- The Content of the site may not be reproduced;
- You may not distribute, modify, copy (except as described above), transmit, display, reuse, reproduce, publish, license, creatively edit, transfer, sell or otherwise use the Content without the written permission of the Company;
- You are prohibited from using the site to post or transmit any prohibited, threatening, misleading, abusive, intimidating, defamatory, libelous, vulgar, obscene, scandalous, inflammatory, pornographic, profane or other material that could be considered a criminal offense and may give rise to the invocation of civil liability or otherwise violate the law. The Company will cooperate unconditionally with the police or other law enforcement agencies and with any judicial requests or orders to disclose the identity of people posting or transmitting such material or information;
- You are prohibited from using the site to advertise or carry out commercial actions. The Company will take all appropriate measures against users who do not comply with these restrictions. By accepting these terms and conditions of use, you agree that the company may terminate or suspend at any time your use of the site for any breach of these terms and conditions of use and any other specific terms and conditions. In the event of suspension or termination to this effect, you must immediately (a) stop using the site, and (b) destroy any copies you may have made of certain parts of the Content.
All personal data (e.g. your name, your address, your telephone number or your e-mail address) and messages that you transmit electronically or otherwise to the site will be handled by United Soft Drinks B.V. in accordance with the Data Protection Act.
5. EXONERATION CLAUSE
All Content is subject to change and is provided to you ‘as is’, without express or implied guarantees, including, but not limited to, the implied guarantee of merchantability, suitability for a particular purpose, or non-infringement. Without prejudice to the foregoing, the Company does not guarantee or confirm that your use of any of the site’s Content does not infringe the rights of third parties, nor that the Content is accurate, complete and up to date. In addition, and with reference to the presence of notices and the like on the site, the Company disclaims any and all liability for, or arising from, any prohibited, threatening, deceptive, misleading, abusive, intimidating, defamatory, scandalous, vulgar, obscene, denigratory, inflammatory, pornographic or profane material or any other material that could be considered as criminal or an incitement to a criminal offence, which could give rise to the invocation of civil liability or otherwise violate any law in any of the sections of the site.
6. EXCLUSION OF LIABILITY
You use the site at your own risk. The Company, associated companies, spokespersons or directors, representatives or other parties involved in the creation, production or delivery of the site cannot be held liable for any direct, indirect, incidental, exceptional, consequential or other damage arising from or linked to the use of this site or its Content, whether contractual, criminal or civil liability.
7. LINKS TO THIRD PARTY SITES
The site may contain links to third party sites or sites operated by others. Such links are provided solely for your convenience. The Company has no control over, and is not responsible for, the content, privacy policies or security of those sites. Without prejudice to the foregoing, the Company expressly disclaims all responsibility in the event that these sites:
- Infringe the intellectual property rights of third parties;
- Are inaccurate, incomplete or misleading;
- Are not merchantable or suitable for a particular purpose;
- Do not provide the required security;
- Contain viruses or other items of a destructive nature;
- Are defamatory or scandalous. Nor does the Company endorse the content, products or services offered on such sites. If you establish a link to such sites or the site, you do so at your own risk and without the Company’s permission.
The Company wishes to pay particular attention to the protection of children’s personal data.
Children and persons under the age of 18 are advised to ask permission from their parents or guardian before submitting personal information to this site. We advise parents to check their children’s online activities regularly. The Company may at any time and without notice revise these terms and conditions of use by updating this publication. Those revisions are binding, so you should periodically review this page to review the current terms and conditions of use. A notice will be published on the site whenever the terms and conditions of use are significantly modified and included in the terms and conditions of use.
9. APPLICABLE LAW AND JURISDICTION
These terms and conditions of use and your use of the site are governed by the laws of the Netherlands regardless of the choice of legal provisions. Any disputes arising out of, in connection with or referring to these terms and conditions of use and/or this site or in which these terms and conditions of use and/or this site are a material fact shall be subject to the exclusive jurisdiction of the courts of Rotterdam.