Terms of use

11 August 2019 Updated 11 October 2019

Please read these terms carefully because they apply to your use of all of this website and/or its services, owned and operated by P.P. Mooring, including the products and services provided through this website and/or its services.

Unless otherwise agreed in writing with P.P. Mooring, your use of this website and/or its services will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the 'Master Terms'.

In addition, your use of this website and/or its services may also be subject to the terms of any legal notice, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the 'Additional Terms'. Where Additional Terms apply to this website and/or its services, these will be accessible for you to read either within, or through your use of, this website and/or its services.

The Master Terms, together with any Additional Terms, form a binding legal agreement between you and P.P. Mooring in relation to your use of this website and/or its services. Collectively, this legal agreement is referred to below as the 'Terms'. If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to this website and/or its services to which the Additional Terms apply.

Your agreement to the Terms

YOUR ACCESS OR USE OF THIS WEBSITE AND/OR ITS OFFERED SERVICES IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using this website and/or its offered services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of this website and/or its offered services. If you do not agree to these Terms, you are not authorized to use this website and/or its offered services

Changes to the Terms

From time to time, P.P. Mooring may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms to this website and indicate the date of revision. We encourage you to periodically review these Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by P.P. Mooring in its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on this website. Notwithstanding the foregoing,

(i) no modification to the Terms will apply to any dispute between you and P.P. Mooring that arose prior to the effective date of any modification and

(ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of this website and/or its services. Your continued use of this website and/or its services after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.

Provision of this website and/or its services generally

P.P. Mooring makes this website and/or its services available to you on the Terms. You may only use this website and/or its services in accordance with these Terms and any applicable Additional Terms. In particular but without limitation, you may not use this website and/or its services for any purpose that is unlawful or prohibited by these Terms, any applicable Additional Terms, or any other conditions or notices that are made available on this website.

Location of this website and/or its services.

This website and its services are controlled and offered by P.P. Mooring from its facilities in The Netherlands. P.P. Mooring makes no representations that this website and/or its services are appropriate or available for use in other locations. If you are accessing or using this website and/or its services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, this website may contain or provide links to Content (defined in section 'Terms relating to Content on this website and/or its services', below) hosted on websites located outside of The Netherlands.

User conduct

Users agree not to use this website and/or its services to:

  • Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
  • Post, use or transmit unsolicited or unauthorized content, including advertising or promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of unsolicited or unwelcome solicitation or advertising;
  • Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt this website and/or its services or servers or networks connected to this website and/or its services, or that disobeys any requirements, procedures, policies or regulations of networks connected to this website and/or its services;
  • Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  • Intimidate or harass another;
  • Use or attempt to use another’s account, service, or personal information;
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of this website and/or its services;
  • Attempt to gain unauthorized access to this website and/or its services, other accounts, computer systems or networks connected to this website and/or its services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of this website and/or its services or any activities conducted through this website and/or its services;
  • Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of this website and/or its services;
  • Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • Post or transmit any personally identifiable information about persons under 13 years of age;

In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand this website and/or its services, or,

(ii) use any this website and/or its services in any manner that could disable, overburden, damage or impair this website and/or its services, or interfere with any other party’s use and enjoyment of this website and/or its services.

Terms relating to Content on this website and/or its services

  1. Responsibility for Content:

    You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, 'Content') which you may have access to as part of, or through your use of, this website and/or its services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to.

    You acknowledge that P.P. Mooring does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of this website and/or its services. You understand that by using this website and/or its services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is P.P. Mooring liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via this website and/or its services.

  2. Licenses associated with content on this website and/or its services:
    1. P.P. Mooring Content:

      All content owned by P.P. Mooring and made available by P.P. Mooring on this website and/or by its services is not licensed by P.P. Mooring and cannot be used without explicit written approval.

    2. Your Content:

      You retain the copyright in Content you own and that you provide on this website and/or its services. You hereby agree that all Content you own and voluntarily provide to P.P. Mooring on or through this website and/or its services may be used under the terms of a Creative Commons Attribution 4.0 International license or any later version of a Creative Commons Attribution International License, is not copyrightable, or is in the public domain. When you post Content you own, you designate P.P. Mooring for purposes of attribution as provided in Section 3(a)(1)(A)(i) of that license, and grant permission for the relevant Website URI to be associated with Content you own for purposes of that license. If Content you own and provide is protected by copyright, then unless it is licensed under a Creative Commons Attribution 4.0 International license, you must not provide it to P.P. Mooring. For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content you own that is protected by copyright to P.P. Mooring on this website and/or its services, you are licensing such Content under a Creative Commons Attribution 4.0 International license (and future versions of the Creative Commons Attribution International License) as provided herein in addition to any such other license that may apply to Content you own; provided, however, that this subparagraph (b)(ii) shall not apply to Content, if any, that you identify or reference when using our License Chooser or CC0 Chooser but that you do not supply or upload onto this website and/or its services. For Content you upload onto this website and or its services that is not owned by you, you agree that all such Content has been licensed by its owner under a Creative Commons Attribution 4.0 International license, is not copyrightable, or is in the public domain. If Content you do not own is not available under these terms, you must not provide it to P.P. Mooring.

    3. Third Party Content:

      Third Party Content and Third Party Websites (as defined in the section 'Third Party Websites and Content; Links', below) that P.P. Mooring links to or embeds in this website and/or its services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content.

      For Third Party Content and Third Party Websites that P.P. Mooring supplies, as a courtesy P.P. Mooring will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under a P.P. Mooring license; provided, however, that P.P. Mooring cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS. We encourage you to always verify the license of any such Content before use.

    4. Search Results:

      P.P. Mooring may provide website search tools as a service on this website. Those search tools may return Content that is not P.P. Mooring licensed. P.P. Mooring will make reasonable efforts to clearly mark whether such Content is licensed under a P.P. Mooring license based on any license information our search tools are able to locate and interpret. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.

  3. Content You Provide:

    You may only submit Content to this website and/or its services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of this website and/or its services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. P.P. Mooring may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that P.P. Mooring determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. P.P. Mooring does not endorse or support any Content posted by you or any other third party on or through this website and/or its services. You alone are responsible for creating backup copies and replacing any Content you post on this website and/or its services, and you authorize P.P. Mooring to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on this website and/or its services. You may request the removal of your Content from this website and/or its services at any time, and P.P. Mooring will take reasonable steps to promptly remove such Content; provided, however, that P.P. Mooring can remove any such Content only from website and/or its servcies and cannot remove Content from email archives, history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a P.P. Mooring email list. If you choose to remove your Content, the P.P. Mooring license you granted when submitting such Content (see subparagraph 'Licenses associated with Content on this website and/its services - Your Content', above) will remain in full force and effect in accordance with its terms.

  4. Use of Content on this website or in connection with its services:

    You may use the Content you find on this website and/or its services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to P.P. Mooring that you will use any and all Content on this website and/or its services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using this website and/or its services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on this website and/or its services without your own independent evaluation of that Content. P.P. Mooring does not guarantee that Content made available on this website and/or its services does not infringe the rights of any third party.

Third Party Websites and Content; Links

This website and/or its services may contain links to websites not controlled by P.P. Mooring ('Third Party Websites'), as well as Content belonging to or originating from persons or organizations other than P.P. Mooring ('Third Party Content'). You acknowledge that P.P. Mooring is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any third party website, regardless of whether Third Party Websites provide the option for users to apply P.P. Mooring licenses to Content hosted on those sites, or whether any third party website or Third Party Content bears a P.P. Mooring license. You further acknowledge that P.P. Mooring (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

Participating in our community: Registered Users

Registering for an account on this website, including but not limited to its services is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.

Services offered to Registered Users are provided subject to these Terms and any Additional Terms specified on this website. P.P. Mooring reserves the right to modify or discontinue the accounts of Registered Users and related services at any time. P.P. Mooring disclaims any and all liability to Registered Users and third parties in the event P.P. Mooring exercises its right to modify or discontinue user accounts or related services.

Registration; Security

You agree to

(a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on this website,

(b) maintain the security of your password(s) and identification,

(c) maintain and promptly update your registration information and any other information you provide to P.P. Mooring, and to keep it accurate and complete to, among other things, allow us to contact you, and

(d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that P.P. Mooring has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.

No Membership in P.P. Mooring

As used in these Terms, 'Registered User' means a person who has registered and obtained an account on this website. Becoming a Registered User and/or using any of its services does not and shall not be deemed to make you a member, shareholder or affiliate of P.P. Mooring for any purposes whatsoever, nor shall you have any of the rights of statutory members.

Termination; Termination and Inactivation of User Accounts

Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Master Terms or applicable Additional Terms.

In addition, P.P. Mooring may, at any time:

(a) modify, suspend or terminate the operation of or access to your user account for any reason;

(b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and

(c) interrupt user accounts and this website and/or its servcies for any reason, all as P.P. Mooring deems appropriate in its discretion. Your access to your account, and use of this website and/or its services may be terminated by you or by P.P. Mooring at any time and for any reason whatsoever, without notice.

In addition, P.P. Mooring reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by P.P. Mooring in its complete discretion.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, P.P. MOORING OFFERS THIS WEBSITE AND/OR ITS SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. P.P. MOORING DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT P.P. MOORING’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. P.P. MOORING DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL P.P. MOORING, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ('THE P.P. MOORING PARTIES') BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THIS WEBSITE AND/OR ITS SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE P.P. MOORING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE P.P. MOORING PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THIS WEBSITE OR SERVICES, FOR YOUR USE OF THIS WEBSITE AND/OR ITS SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THIS WEBSITE, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THIS WEBSITE AND/OR ITS SERVICES.

Indemnification for breach of Terms of Use

You agree to indemnify and hold harmless the P.P. Mooring Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the P.P. Mooring Parties from and against any and all claims brought by third parties arising out of your use of any of this website and/or its services and the Content you make available via any of this website and/or its services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.

Privacy policy

P.P. Mooring is committed to handling responsibly the information and data we collect through this website and/or its services and agrees to use your personal information in accordance with the privacy statement and the Terms.

Trademarks

This website and/or its services may contain trademarks, service marks, logos and other names that are the property of P.P. Mooring or such other party as indicated with respect to that name or icon. In the case of P.P. Mooring’ trademarks, logos and icons, these may only be used to promote this website and/or its services.

Copyright Complaints

P.P. Mooring respects the intellectual property rights of others, and we prohibit users of this website and/or its services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. Contact P.P. Mooring to report alleged copyright infringement. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be 'repeat infringers' of others’ copyrights.

Termination of this agreement

These Master Terms and any Additional Terms will continue to apply until terminated by either you or P.P. Mooring as set out below. Your right to access and use this website and/or its services terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of this website and/or its services.

P.P. Mooring may, at any time:

(a) modify, suspend or terminate the operation of or access to any of this website and/or its services, or any portion of this website and/or its services, for any reason; (b) modify or change this website and/or its services, or any portion of this website and/or its services, and any Master Terms, Additional Terms and other policies governing the use of this website and/or its services, for any reason; (c) interrupt the operation of this website and/or its services, or any portion of this website and/or its services, for any reason, all as P.P. Mooring deems appropriate in its sole discretion.

Your access to, and use of, this website and/or its services may be terminated by you or by P.P. Mooring at any time and for any reason. P.P. Mooring will use reasonable efforts to notify you in advance about any material modification, suspension or termination by P.P. Mooring that is not caused by your breach of the Terms.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.

Miscellaneous Terms

These Master Terms and any Additional Terms are governed by and construed by the laws of The Netherlands. The parties agree that any disputes or proceedings between P.P. Mooring and you concerning these Master Terms, any Additional Terms, and/or any of this website and/or its services shall be brought in a commercial or state court of competent jurisdiction sitting in Amsterdam, The Netherlands, and hereby consent to the personal jurisdiction and venue of such court.

Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and P.P. Mooring as a result of these Master Terms, any Additional Terms, or your use of any of this website and/or its services.

These Master Terms and any applicable Additional Terms constitute the entire agreement between you and P.P. Mooring relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by P.P. Mooring from time to time) between you and P.P. Mooring. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

Effective

These Terms of use are effective as of November 1, 2018.

They are based on the Creative Commons Terms of Use but contain a number of modifications.

Questions, problems, complaints

This website is owned and operated by P.P. Mooring. If you have questions, experience any problems or have complaints please contact:

P.P. Mooring

Buys Ballotstraat 40

4631 GW Hoogerheide

The Netherlands

Chamber of Commerce: 27236721

VAT number: NL1201.53.919.B.02

Contact:

Peter Mooring

Phone: +31 6 4124 3030 / +31 164 610 218

Email: peterpm@xs4all.nl, peter@petermooring.com