By accessing Ximius’ website, you agree to be bound by the following terms and conditions.IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
Ximius B.V. (“Ximius”) provides this website (“Ximius Website”) to you on the basis of the following terms and conditions (“Terms and conditions of use”). By accessing any page on this Ximius Website, you agree to be bound by these Terms and Conditions. Ximius may update these Terms and Conditions from time to time by posting the updated Terms and Conditions without prior separate notification to you. You should check the Terms and Conditions each time you access the Ximius Website to check for updates.
2. Ximius Website
You will be able to obtain information about certain Ximius products and services on this Ximius Website and you may also submit queries to Ximius to receive more information. Please note that this Ximius Website is a European website and products and services provided may vary from country to country.
3. Cookie information
Presently cookies are only used to present the Ximius website in the desired language version.
You undertake not to post to or send via this website any materials that are or could reasonably be construed as: (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law.
You also agree not to transmit to or send via the website any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.
Ximius reserves the right to remove any materials from the website where it reasonably suspects that such material is prohibited by this Section 4 or is otherwise inappropriate. Notwithstanding the foregoing, you acknowledge that Ximius has no control over content on the website provided by other users, neither does it purport to monitor the content of the website to ensure its accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions.
You must not link to the Ximius Website other websites, which are indecent or inappropriate, and you must forthwith remove any link if Ximius in its discretion so requests.
All materials (including, but not limited to, text, music, sound, photographs, graphics, images, video, data compilations, digital downloads and software) included on this Website (“Materials”) are the property of Ximius and its suppliers and protected by European and international copyright laws.
Ximius authorises you to view and download the Materials only for your personal, non-commercial use; provided, that you do not modify or create any derivative work of the Materials in any way, or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited.
If you wish to use the Materials beyond the scope as authorized above, you need to obtain prior approval by the relevant copyright owners or licensors of such Materials, i.e. Ximius, its suppliers or others.
If you wish to directly quote any portion of the Contents in any printed material such as magazines, please contact the Webmaster for permission at Ximius. If you wish to publish any part of the Materials on CD or other media, please specify which portion of the Materials you wish to publish.
You agree to indemnify Ximius and Ximius affiliates against any claim, demand, loss or damage suffered as a result of breach of this Section 4.
Ximius hereby excludes all conditions, warranties, representations or other terms concerning the supply or purported supply of, failure to supply or delay in supplying any service in connection with the Ximius Website or that the Ximius Website is accurate, complete or up-to-date, which might but for this Section 5 have effect between Ximius and you, or would otherwise be implied into or incorporated into these Terms and Conditions or any collateral contract, whether by statute, common law or otherwise. You understand and agree that you are using the Ximius Website at your sole risk and that Ximius does not warrant that the Ximius Website will meet your requirements or that the Ximius Website will be uninterrupted, error free or secure. Any content or services provided via the Ximius Website or in connection with the Ximius Website by Ximius is done so on an “AS IS” and on an “AS AVAILABLE” basis and Ximius makes no representations or endorsement of any kind, whether express or implied, with respect to the Ximius Website for the content or services included in, or made available in connection with, this Ximius Website. Ximius reserves the right at its sole discretion, to amend or withdraw any content or services offered as part of the Ximius Website.
Ximius, any other party (whether or not involved in creating, producing, maintaining or delivering this Ximius Website), and any of Ximius’ group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this Ximius Website in any way or in connection with the use, inability to use or the results of use of this Ximius Website, any websites linked to this Ximius Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Ximius Website or your downloading of any material from this Ximius Website or any websites linked to this Ximius Website. This shall not affect your statutory rights.
Nothing in these Terms and Conditions shall exclude or limit Ximius’s liability for (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.
The information provided in a from or otherwise via the Ximius Website will be used by Ximius, which for the purposes of this Section 7 will also include Ximius B.V., for the purpose of providing the services that you have requested by way of the Ximius Website.
From time to time Ximius, Ximius affiliates or agents might use this information for marketing purposes or to inform you about other products and services, which we think might be of interest for you. You can specify whether you wish to receive such information in the appropriate box in your registration form.
Your personal information might be passed on to other Ximius affiliates and third parties (such as hosting service providers) for the purposes set out above and for the purposes of group administration. This might involve a transfer of data outside the European Economic Area. Some of these recipients may be located in countries that do not have the same privacy laws as the EU Member States, however, you may rest assured that the necessary measures are in place to protect the confidentiality and security of your information.
You have the right to access, correct, update, or delete your data by accessing the appropriate link to your profile or by submitting a request to Ximius
We will only hold your personal information for the duration necessary to allow us to provide the services that you have requested or for any additional period as required by law.
You may not display or use in any manner Ximius’ trademarks or logos without Ximius’ prior written permission.
9. Ximius B.V.
High Tech Campus 10
5656 AE Eindhoven
Registered no: Dutch Chamber of Commerce – KVK NL76350800
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Dutch courts.
Copyright © Ximius B.V. 2019. All rights reserved. It is strictly prohibited to copy, redistribute, republish or modify any materials or software contained on the Ximius Website or in subsequent support without the prior written consent of Ximius B.V.