TERMS OF USE

Acceptance. By accessing, visiting, registering or generally using this Web site located at www.opticalfibersensors.org, you (personally and on behalf of the legal entity of which you are a representative, an agent or an employee when acting in such capacity) agree to be bound by these Terms of Use and by the Privacy Policy available here. If you do not agree with these Terms of Use, please do not access, visit, register nor make any use of this Web site, of the services offered on this Web site or of any of the information included therein.

 

Contact.

This Web site is managed by Opticalfibersensors.org BVBA, a Belgian company with registered offices located at 45 Kempenstraat, 3590 Diepenbeek (Belgium) and with registration No. 0897.409.356 at the Crossroads bank for enterprises.

 

Modifications

Opticalfibersensors.org BVBA may at any time modify these Terms of Use by updating this page. You are bound by any such modifications and should therefore periodically visit this page to review the then current Terms of Use. These Terms of Use were last modified on June 2008.

 

Disclaimer – Contents of this Web site – Information supplied

This Web site is intended only to be used as a community platform for the optical fiber sensing industrial and research community. Its content is provided for information and marketing purposes only and should not be viewed in any way as an invitation or recommendation to buy any products or services featured by partners or members. 

 

This Web site is dedicated to professionals only and is provided as a service to its visitors. While reasonable efforts are used to check and update this Web site, all data, information and materials are provided “as is”, and shall not be binding nor shall it be construed as constituting any obligation, representation or warranty on the part of Opticalfibersensors.org BVBA. Opticalfibersensors.org BVBA does not guarantee the accuracy, adequacy, completeness, timeliness or fitness for any specific purpose of the data, information and materials included or referred to in this Web site or the reliability of their sources. You use this Web site and any material and download any of its contents at your own discretion and risk. Opticalfibersensors.org BVBA does not monitor or verify the content of the information submitted and posted on this Web site and does not accept responsibility for any consequences that may arise from your reliance on any material and/or downloading of any contents. 

 

Partners and members are solely responsible for the data and information they supply. This Web site only acts as a passive conduit for online distribution and publication of information supplied by partners and members. Partners and members shall indemnify and hold harmless Opticalfibersensors.org BVBA against any third party claim in relation to the information they supplied, including without limitation third party claims based upon infringement of such party’s copyrights, trademarks, service marks, patents or other intellectual property rights. Information supplied (or any items listed therein) on this Web site by partners or members: (a) shall not be false, inaccurate or misleading; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or be adult in nature or harmful to minors; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for Opticalfibersensors.org BVBA or cause Opticalfibersensors.org BVBA to lose (in whole or in part) the services of Opticalfibersensors.org BVBA’s ISPs or other suppliers; and (h) shall not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under these Terms of Use or by law; or (ii) the partner or member does not have a right to link to or include.

 

Solely to enable Opticalfibersensors.org BVBA to use the information supplied, so that Opticalfibersensors.org BVBA is not violating any rights the relevant partner or member might have in the information supplied, the partner or member agrees to grant Opticalfibersensors.org BVBA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) partner or member has in the information supplied, in any media now known or not currently known, with respect to the information supplied. 

 

Opticalfibersensors.org BVBA reserves the right to delete, modify or supplement the content of this Web site at any time, temporarily or permanently, for any reason without prior notification.

 

Partners/members and partnership/membership eligibility.

Access to certain information and use of services is limited to registered partners or members. Registered partners or members can only be persons or entities who may lawfully enter into and form contracts under applicable law. 

 

By registering at this Web site, the partner or member warrants and certifies that: (i) it has the legal authority to do so; (ii) it shall be financially responsible for all use that it makes of the services and/or this Web site; (iii) its registration data are true and accurate (deliberate or reckless failure to provide accurate information at registration constitutes misrepresentation and/or fraud and may result in appropriate legal action and, possibly, significant penalties); and (iv) it is active in the field of optical fiber sensing. However, Opticalfibersensors.org BVBA cannot and does not confirm each partner or member’s purported identity. Opticalfibersensors.org BVBA does not control registration data and assumes registration data as provided by partners/members and updated by partners/members from time to time are true and accurate. 

 

Notwithstanding the foregoing or any other provision of these Terms of Use, Opticalfibersensors.org BVBA reserves the right to decline access to this Web site (or any section thereof) and/or services to any person or company for any reason in its sole discretion.

 

No legal partnership, joint venture or other association with Opticalfibersensors.org BVBA shall be formed by registering as a partner or member. Opticalfibersensors.org BVBA’s relationship to partners and members shall be deemed to be that of an independent contractor.

 

Fees.

Opticalfibersensors.org BVBA does not charge any fee to become a member. Opticalfibersensors.org BVBA may charge fees to partners for the use of specific services, including without limitation fees for advertising, job announcements (jobs portal), highlighting specific products (products portal). 

 

Opticalfibersensors.org BVBA further reserves the right to change any and all fees from time to time. The amended fee schedule will be posted on this Web site and relevant partners will be informed by individual e-mails of the amended and/or modified fees. In case the partner choose to continue to benefit from the relevant services, such amended and/or modified fees shall automatically be effective thirty (30) days after they are communicated.

 

No unlawful or prohibited use of services

Partners and members warrant that they shall not use the services for any purpose that is unlawful or prohibited under these Terms of Use.

 

Undermining the integrity, usability or working condition of this Web site or web server(s) or interfering or attempting to interfere with the proper working of this Web site is strictly prohibited. 

 

Username and password.

Login information, such as usernames and passwords, are personal, not transferable and must be kept secure and confidential. Unauthorized use of passwords or user accounts is prohibited."

 

Termination.

At any time, partners and members may unregister from this Web site by sending an email to: legal@opticalfibersensors.org . Without limiting other remedies, Opticalfibersensors.org BVBA may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate a partner or member registration and refuse to provide services to any partner or member (i) who breaches these Terms of Use or the documents incorporated herein by reference, (ii) who provides registration data that Opticalfibersensors.org BVBA is unable to verify or authenticate, or (iii) whose actions may, in the sole discretion of Opticalfibersensors.org BVBA, cause legal liability for the partner or member, other partners or members or Opticalfibersensors.org BVBA.

 

No warranty.

Opticalfibersensors.org BVBA provides its services “as is” and without any express or implied warranty as to condition and/or availability. All implied warranties of title, merchantability, fitness for a particular purpose and non-infringement are specifically disclaimed unless otherwise stipulated by law.

 

Liability.

Opticalfibersensors.org BVBA shall endeavor to use diligent and reasonable efforts to maintain the security and operational integrity of this Web site. However, numerous factors outside the control of Opticalfibersensors.org BVBA may interfere with the operation of this Web site, and accordingly, Opticalfibersensors.org BVBA does not guarantee continuous, uninterrupted or secure access to its services. Partners and members also acknowledge and agree that system maintenance may cause system downtime.

 

Opticalfibersensors.org BVBA is not responsible for unpredictable delays, faults or inaccuracies in the transmission of e-mail and is not responsible for e-mails that are not processed due to technical difficulties.

Opticalfibersensors.org BVBA shall in no event be held liable for any damages arising out of the use (or inability to use) this Web site and/or the services, or in connection with these Terms of Use.  In no event shall Opticalfibersensors.org BVBA be liable for lost profits or any direct, indirect, special, incidental or consequential damages incurred by you or any third party arising out of or in connection with this Web site, the services or these Terms of Use.

 

Intellectual property rights – Permitted use.

Except where indicated otherwise, all content included on this Web site, including but not limited to text, graphics, logos, button icons, images, audio clips and software, is protected by intellectual property rights held by Opticalfibersensors.org BVBA or third parties (such as partners or members). 

 

The compilation (meaning the collection, arrangement and assembly) of all content on this Web site is the exclusive property of Opticalfibersensors.org BVBA and protected by copyright law. All software used on this Web site is the property of Opticalfibersensors.org BVBA or its software suppliers and protected by copyright law. 

 

You are permitted to use the material on this Web site for your own personal non-commercial use and to copy and print the information provided that you do not modify the material in any way and you keep intact all copyright, trademark and other proprietary notices.

 

Content provided in third-party advertisements or information presented to you through the service is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. 

 

In the event that you wish to commercially exploit any material of any nature then contact legal@opticalfibersensors.org for clearance and details of copyright fees that may be due.

 

Hyperlinking – Framing.

If you wish to hyperlink to this Web site, please do so by hyperlinking to OpticalFiberSensors.org's home page at http://www.opticalfibersensors.org. You may not hyperlink to OpticalFiberSensors.org in any manner that is likely to cause confusion, or in any manner that disparages or discredits Opticalfibersensors.org BVBA. You agree that you will not, without our prior written permission, (attempt to) frame this Web site. 

 

Links to third party Web sites and purchases of third parties.

Links or pointers to third party Web sites are provided solely as a convenience to you. If you use these links, you will leave this Web site. Opticalfibersensors.org BVBA has not reviewed all of these third party sites, does not control them and is not responsible for any of these sites or their content. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. 

 

If you choose to purchase any product or service from a third party, accessed using this Web site, your relationship is directly with the third party. You agree that Opticalfibersensors.org BVBA is not responsible for: (i) the quality of third party products or services, and (ii) for the fulfillment of any of the terms of your agreement with the third party. You agree that Opticalfibersensors.org BVBA is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

 

Viruses.

Whilst Opticalfibersensors.org BVBA makes every reasonable preventive effort, it recommends that users run an anti-virus program on all material downloaded from this Web site. Opticalfibersensors.org BVBA makes no warranty that the contents of this Web site are free from infection by viruses or anything else that has contaminating or destructive properties and it cannot accept responsibility for any loss, disruption or damage to a user’s data or computer system that may occur whilst using material derived from this Web site. 

 

Entire agreement.

These Terms of Use contains the entire agreement of the parties hereto with regard to the object to which it refers and contains everything the parties have negotiated and agreed upon within the framework of this agreement. It replaces and annuls any agreement, communication, offer, proposal, or correspondence, oral or written, previously exchanged or concluded between the parties and referring to the same object. Partners and members certify not to have concluded the present contract on the basis of warranties or representations other than those which are expressly stipulated herein. 

 

Severability.

If one or more of the provisions of these Terms of Use is declared to be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected. 

 

No Waiver.

No failure or delay of Opticalfibersensors.org BVBA to exercise any right or remedy under these Terms of Use shall be considered a final waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof. The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies provided by law.

 

Assignment of rights and obligations.

Partners and members are prohibited from transferring all or part of their rights and obligations arising under these Terms of Use to a third party without the prior, express, written consent of Opticalfibersensors.org BVBA. Opticalfibersensors.org BVBA shall be entitled to transfer all or part of its rights and obligations arising under these Terms of Use to a third party. Subject to any restrictions on assignment herein contained, the provisions of these Terms of Use shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns.

 

Dispute.

In the event of a dispute between a partner or member with one or more other members and/or partners, partners and members release Opticalfibersensors.org BVBA (and its directors, officers, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

 

Governing law.

These Terms of Use shall be governed by and construed in accordance with Belgian law.

 

Jurisdiction.

This Web site is owned and operated in Belgium. Any litigation relating to the conclusion, validity, interpretation or performance of these Terms of Use, or of subsequent contracts or operations derived here from, as well as any other litigation concerning or related to the use of this Web site, without any exception, shall be submitted to the exclusive jurisdiction of the competent courts of Belgium. However, Opticalfibersensors.org BVBA reserves the right to refer the matter to the courts of the domicile of the relevant partner or member.

 

Contact information.

If you have any questions or concerns regarding this Web site or these Terms of Use, please feel free to contact us at legal@opticalfibersensors.org or write us at Opticalfibersensors.org BVBA, 45 Kempenstraat, 3590 Diepenbeek (Belgium).


 

 

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