Terms of use

1.      Non-Interference
2.      Eligibility
2.      Copyright and Intellectual Property Ownership
3.      Trademarks
4.      Privacy     
5.      User Representations
6.      Password and Security
7.      Indemnification
8.      Links to other Websites
9.      Control of Site
10.    Disclaimer
11.    Limitation of Liability
12.    Public and Private communications
13.    Users outside of the Netherlands
14.    Applicable Law
15.    Void or unenforceable Provision
16.    Waiver
17.    Headings
18.    Binding Effective Agreement

 
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER BEFORE USING THE WEBSITE (''The Site'')

By accessing, browsing, or otherwise using the Site, you agree that you have fully understood and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations as they may exist from time to time and be applicable to the Site and its operation.

You also agree to the privacy conditions and policies of the Site and to the General Terms and Conditions which are part of these Terms of Use. In the event that you do not agree to be bound by the Terms of Use, you may not access or otherwise use the Site. In addition to any other rights, TOV HAZEL Metallurgy BV,(hereinafter “TOV HAZEL”, “us” or “we”) may in its sole and absolute discretion and without further notice to you,terminate the right of any user to use in any fashion or participate in any way on the Site.

We may amend these Terms of Use at anytime by posting the amended terms on the Site. The amended terms shall be effective automatically upon being posted on the Site. Your continued use of any part of the Site will be deemed your agreement tothe amended terms and conditions.

1. NON-INTERFERENCE
You agree that you will not in any way interfere with the operation of the Site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us orthe availability of the Site to any individual who wishes to access anypart of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In the event of any such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use the Site and to use all legal actions available to us against you.

TOV HAZEL reserves the right to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law,regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of TOV HAZEL or its third-party partners, sponsors or advertisers, service providers, licensors or any other user of the Site.
 
2. ELIGIBILITY
To use the Site you must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you do not qualify, please do not use the Site. We may refuse our services to anyone or limit your use of any or all of the Site, at anytime, in our sole discretion.

3. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that the Site contains information, data, software,photographs,graphs, videos, typefaces, graphics, music, sounds, andother material (collectively "Content"), that is either owned,controlled or licensed by TOV HAZEL and that all Content on the Site is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

All Content is copyrighted by TOV HAZEL or its affiliates as a collective work under the Dutch copyright laws, and TOV HAZEL or its affiliates own a copyright in the selection, coordination, arrangement, and enhancemen tof such Content. You may not modify, remove, delete, augment,add to,publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content,inwhole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right,without obtaining permission of the owner of the copyright or other propriety right.

TOVH AZEL will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our site. If you believe that copyrighted material that has been illegally copied and submitted to our site please submit a formal notice of copyright infringement containing the following information: (i) an identification of what is being infringed; (ii) where the infringing materiali s located; (iii)your name and contact details; (iv) a statement of good faith belief that the material is infringing made under threat of perjury that the information provided is accurate and the complaint is authorized bythe copyright holder. The notice of copyright infringement should be forwarded to TOV HAZEL Metallurgy BV, Lodewijk Pincoffsweg 386, 3071 AS Rotterdam - The Netherlands.

4. TRADEMARKS
All trademarks, service marks and trade names (the “Marks”) are and remain proprietary to TOV HAZEL or its licensors. The Marks may not be used without prior consent TOV HAZEL, or its licensors as the case may be.
 
5. PRIVACY
We recognize and respect the importance of maintaining the privacy of our users and have established the Privacy Policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy.

6. USER REPRESENTATIONS
You warrant and represent to us, which representation we rely upon, that you will not up-load, post or transmit to a distributor or otherwise permit or publish through the Site any information and materials which may inhibit the utilization and use of the Site, which may be unlawful,abusive, libelous,defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to civil liability, to useor violate any intellectual property rights of other parties, violate personal or privacy rights of third parties or provide us with anyfalse or misleading information about you.

7. PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) and account number(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s).You agree to notify TOV HAZEL immediately of any unauthorized use of your password(s) or accountnumber(s). TOV HAZEL is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

8. INDEMNIFICATION
You,your heirs, successors and assigns hereby agree to indemnify and save us harmless from and against any claims, actions and liabilities incurred, including all legal costs and expenses of any kind, in connection with any claim arising out of or based upon or occurring from your use of the Site or arising from your alleged breach of any of you ragreements, covenants, warranties, representations and employees,agents and sub-agents. In the event that any such claim or action is asserted against us,or our officers, directors, owners, affiliates, employees, agents and sub-agents, we shall have the right at our own expense to assume the exclusive defense and control of any such claim or action against us and no settlement shall be made by you without our prior written consent to be exercised on a reasonable basis.

9. LINKS TO OTHER WEB SITES
The Site provides links to Websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that TOV HAZEL is not responsible for the availability of, and content provided on, third party Web sites.

We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that TOV HAZEL is not responsible for third party content accessible through the Site,including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from athird party, your relationship is directly with the third party. You agree that TOV HAZEL is not responsible for: (a) the quality of thirdparty products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that TOV HAZEL is not responsible for any loss or damage of anysort you may incur from dealing withany third party.

10. CONTROL OF SITE
TOV HAZEL may at any time, and from time to time, in its sole discretion,modify or discontinue any or all of the Sites on a temporary or permanent basis without notice or liability to you or any other user of any of the Sites.We may also impose limits on certain features and services and restrict access to all or any portion of the Site without notice or liability to you.

11. DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS. TOV HAZEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.TOV HAZEL MAKES NO WARRANTY THAT: (A)THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UN INTERRUPTED,TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS,SERVICES,INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS,INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. TOV HAZEL SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,MATERIALS,INFORMATION OR SOFTWARE; OR (E) DELIVERY, OR FAILURE TO RECEIVE,USE,STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU. TOV HAZEL RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

12. LIMITATION OF LIABILITY
We provide the Site and our services on an ''as is'' and ''as available'' basis. To the full extent permissible under the applicablel aw, neither we nor our directors, officers, owners, employees, agents, sub-agents,subsidiaries, affiliates or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, including without limitation lost profits, revenues or data arising out of or in connection with the Site, the inability to use the Site or resulting from any goods or services purchased or obtained or the non-fulfillment of such purchases or for messages received or business transactions entered into through the Site. Your sole remedy shall be to discontinue using the Site.

13. PUBLIC AND PRIVATE COMMUNICATIONS
You acknowledge that transmissions to and from the Site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to TOV HAZEL, its directors, officers, employees or its agents via the Site will be considered public and non-proprietary. TOV HAZEL will not be responsible for any claims whatsoever,including but not limited to,intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.

14. USERS OUTSIDE THE NETHERLANDS
Access to the Site from outside the Netherlands remains subject to Dutch laws unless local laws are compulsory and only provided such local laws are not in contradiction with Dutch laws. In any case, use of website remains under the responsibility of the Web site user. In any event, all Web site users agree to comply with all applicable laws relevant to Web site use in the location of such user and Web site use. TOV HAZELwill not be responsible and makes no representations that objects for sale on any of the Sites and their associated intellectual propertyrights are available for use in locations outside the Netherlands.

15. APPLICABLE LAW
These Terms of Use and use of all of the Sites shall be governed by the laws of the Netherlands without giving effect to its conflict of laws provisions. Both parties agree that any claim or cause of action shall be brought in the courts of Rotterdam, Netherlands and hereby consent to the jurisdiction of such courts.

16. VOID OR UNENFORCEABLE PROVISION
In the event that any provision of the Terms of Use shall be held to be void or unenforceable by reason of the applicable law, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the balance of the provisions of the Terms of Use, which Terms of Use shall continue in full force and effect.

17. WAIVER
The waiver or failure to exercise any rights under these Terms of Use shall not prevent the future enforcement of the remainder of such right and shall not be deemed in waiver of any subsequent rights.

18. HEADINGS
Headings used in this user agreement are for convenience only and are not to be relied upon.

19. BINDING EFFECTIVE AGREEMENT
The Terms of Use is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights and obligations here under to any other party without our prior written consent, which consent is subject to our sole discretion. We may assign our rights and obligations under these Terms of Use to any affiliate,successor or other company related to TOV HAZEL upon notice thereof to you.