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Pofib Terms and Conditions ("T&Cs") of Use of Website

 

This website ("Website") is operated by Pofib Development BV ("Pofib"), whose registered address is Biezenvenneke 7 5801HN Venray The Netherlands. Pofib is registered in Limburg, The Netherlands under Chambre of Commerce number 14110837. Access is provided only in accordance with the following T&Cs. By using this Website, you signify your acceptance of these T&Cs. These T&Cs are subject to change from time to time. Changes will be posted on this Website and your continued use of the Website following any such posting will be deemed to be acceptance of those changes.

The Website www.pofib.com (called hereafter the Website) is intended for personal, non-commercial use.

Use of Interactive Areas

The Website may contain discussion forums, bulletin boards, review services, or other forums in which you or third parties may post reviews and other reactions ,e.g. also via the Contact Us site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. In particular, you shall be responsible for your own communications and postings, and the consequences of those communications and postings. Pofib does not represent or guarantee, or accept any liability in respect of, the truthfulness, accuracy or reliability of any material posted by you or others, nor does it endorse any opinions expressed by you or others. You acknowledge that any reliance on material posted by others will be entirely at your own risk. Pofib shall not be liable for any content or any information which may be posted by you or third parties on the Interactive Areas.

By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish throughout the Website any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is inappropriate, offensive, unlawful, liabelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identity numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files;
  8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
  9. Content that, in the sole judgment of Pofib, is objectionable or inappropriate or which restricts or inhibits any other person from using the Interactive Areas or the Website, or which may expose Pofib or its users to any harm or liability of any type;

Safety

We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform Pofib using the 'Contact Us' link, and Pofib will promote it if they see fit.

 About the law

  1. You may not submit any defamatory or illegal material of any nature to Pofib. This includes text, graphics, video, programs or audio.
  2. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
  3. You agree to only submit materials which are your own original work. You must not violate, plagiarize, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
  4. The views expressed in Interactive Areas are those of the posting individuals and are not necessarily those of Pofib.
  5. If you post or send offensive or inappropriate content anywhere on or to the Website or otherwise engage in any disruptive behaviour the Website and Pofib considers such behaviour to be serious and/or repeated, Pofib may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement/s. Pofib reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

 

You hereby agree to indemnify and hold harmless Pofib against any claims, proceedings and actions taken and all damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action arising as a result of your breach of this condition or your communications or postings on or via the Interactive Area.

You retain all ownership rights to all Contents you publish on the Website. Pofib can however reproduce, publish and distribute all or portions of your Content online and offline and permit others to do the same. You can edit or remove your Content from the Website at any time by sending an email to: contact@pofib.com ; but if we have distributed your Content to others, we may be unable to require them to make the same changes. Further, if we have disassociated the Content from any User identifying information, we may not be able to edit or remove such Content. Pofib reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time if Pofib deems, in its sole discretion, to violate the content guidelines or any other provision of these T&Cs. However, Pofib shall have no liability in respect of the exercise or non-exercise of such rights.

Any use of the Interactive Areas or other portions of the Website in violation of this Clause violates these T&Cs and may result in termination or suspension of your use of the Interactive Areas.


Intellectual Property

The Pofib Service, including but not limited to the content of the Website, text, graphics, links, buttons, logos, and images, as well as all other Pofib copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Pofib (the "Pofib Intellectual Property"). You agree not to display, use, copy, or modify the Pofib Intellectual Property in any manner. You are authorised solely to view and retain a copy of the pages of the Website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Website; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). Linking (whether to the home-page or otherwise and including framing) is permitted only with the prior written consent of Pofib.


Web Content and Access

Pofib may change the information, materials and services contained in the Website at any time without notice. Any dated information is published as of its date only, and Pofib does not undertake any obligation or responsibility to update or amend any such information, except where otherwise indicated. Furthermore, by offering information or services via the Website, Pofib does not solicit any person to use such information or services in jurisdictions where the provision of such information or services is prohibited by law.

Pofib will endeavour to maintain the Website, and allow uninterrupted access to the Website. However, the Website may need to be temporarily suspended, restricted or terminated for operational reasons, such as repairs, planned maintenance or upgrades. In such instances, Pofib shall endeavour to restore the Website as soon as possible after any suspension or restriction. Notwithstanding this, no guarantees are given as to the availability of the Website, and Pofib shall not be liable for any suspension, restriction or termination of the Pofib Website.


Links to Other Sites

Links to third party websites are provided solely as information that may be useful to users of the Website, and Pofib has no control over the content of such other websites nor assumes any responsibility or liability for the content or services of such websites. Links to other sites do not imply any responsibility for the opinions, ideas, products, information or services offered on such sites, or any representation regarding the content at such sites. These links are provided to you for informational purposes only. You are responsible for complying with the terms of use of those sites and you should review the terms of use and the privacy policy of such external links prior to the use of them. Pofib makes no warranties, either express or implied, concerning the content of such sites. Pofib makes no representations or warranties about any other site or material that you may access through links or other references on this Site. You do so at your own risk. The presence of links to non-Pofib sites or materials does not imply that Pofib endorses or accepts responsibility for the content or use of such sites or materials.  

These links to third party sites may allow you to purchase a number of products and/or services. These products and services are not provided by Pofib, but rather are provided by third parties over which Pofib has no control. Any complaints concerning any such product or service should be addressed directly to the third party provider.


Exclusion of Liability

POFIB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In particular, Pofib does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on the Website and/or the Newsletters.

The information provided on the Website and in particular, as a result of a search engine request, is not advice, and you must consider which products or services are most appropriate for you, taking into account your individual circumstances and obtaining appropriate expert advice. Pofib does not make any representation concerning the suitability of information, products or services on the Website for any purpose. You assume all responsibility and risk for use of the Website.

POFIB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF POFIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE CLAIM ARISES DUE TO POFIB 'S NEGLIGENCE RELATING TO HUMAN OR MECHANICAL ERROR OR OTHERWISE OR TO POFIB 'S OTHER FAULT, ERROR, OMMISSION OR NONPERFORMANCE. POFIB WILL NOT BE LIABLE FOR ANY VARIANCES OR SERVICE DELAYS DUE TO LOCAL REGULATIONS OR CAUSES BEYOND THE CONTROL OF POFIB. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Termination

Pofib may terminate your access and use of any part of the Website at any time without notice if you are in breach of any of the terms of these T&Cs or for any other reason. Pofib reserves the right to cease operating the Website at any time without notice. All disclaimers, indemnities and exclusions in the T&Cs shall survive termination of the Website.


General

Pofib may assign or transfer its rights under these T&Cs to a third party at any time. In such circumstances, the third party shall assume all of Pofib's obligations and Pofib shall be relieved of any and all liability under these T&Cs. If any provision of these T&Cs is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these T&Cs shall not be affected. No third parties shall have any rights under these T&Cs.


Governing Law

The user's access to and use of the Website, and the terms of these T&Cs are governed by the laws of the Netherlands The courts of the Netherlands shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with these T&Cs.

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