Article 1. Definitions
1.1. In this agreement, save were explicitly provided otherwise, capitalized words and expressions have the meanings specified as referred to below:
Article 2. General
2.1. These TOU apply to any and all use made of the Service by You.
2.2. Navingo may at any time amend or supplement these TOU. The most recent version of the TOU will be available through the Platform.
2.3. If You continue the use of the Service after the moment on which the amended TOU will be displayed on the Platform, You thereby irrevocably accepts these TOU. If you do not accept the amended or supplemented TOU, your sole remedy is to stop using the Service.
Article 3. The Service
3.1. The Service exists of providing access to the platform, which is divided in both web pages concerning the provision of news and media items in the maritime and offshore sector, event information and several job portals in this sector.
3.2. You accept that the Service provides only the functionality and other properties that you find in the Service at the time of use, since the Service is provided on an “as is ” basis. Navingo therefore expressly excludes any express and tacit guarantees, undertakings and indemnities of any nature whatsoever, including but not limited to guarantees, undertakings and indemnities regarding the quality, safety, availability, lawfulness, integrity and correctness of the Service.
3.3. Navingo does not guarantee that the Service can be accessed at all times and will be free from any interruptions or breakdowns. Breakdowns in the Service may occur, for instance, as a result of breakdowns in the internet or telephone connection or as a result of viruses or errors/defects. Navingo will not in any manner be liable for costs and damages towards the User in respect of any loss resulting from or caused by the temporary or permanent unavailability or breakdown of the Service. Navingo therefore expressly excludes any express and tacit guarantees, undertakings and indemnities of any nature whatsoever, including but not limited to guarantees, undertakings and indemnities regarding the quality, safety, availability, lawfulness, integrity and correctness of the Service.
3.4. Navingo has the right, with prior notification and without thereby becoming liable for damages towards You, to close down the Platform and/or Service, whether or not temporarily, and/or to limit its use if that is necessary in its opinion, for instance in the context of reasonably required maintenance to the Platformand/or Service.
3.5. Navingo has the right, without any prior notification, to make procedural and technical modifications and/or improvements to the Platform and/or Service, as communicated via the Platform
Article 4. Content
4.1. You acknowledge and accept that you are fully responsible and liable for all acts that you undertake using the Service, in particular for all User Content.
4.2. You guarantee that you are entitled to make the User Content available through the Platform. You guarantee that you own the IP Rights in respect of the User Content or have obtained the required permission and/or licenses to make the User Content available via the Platform. You furthermore guarantee that you have obtained permission from any persons whose portraits and/or names are used in the User Content, all of this insofar as You are required to do so by law.
4.3. You hereby undertake not to make any User Content available via the Platform that (i) infringes the rights of Navingo or third parties, including but not limited to IP Rights or rights regarding the protection of privacy, (ii) that conflicts and/or breaches with other provisions of these TOU or (iii) is otherwise unlawful or inappropriate towards Navingo or third parties in the vision of Navingo.
4.4. Subject to the conditions recorded in these TOU, you and/or your (sub)licensors will remain the owners of the copyrights and other IP Rights in respect of the User Content.
4.5. You indemnify Navingo against any costs and damages arising from and/or related to third party claims based on the argument that the User Content in any manner infringes any third party rights (including – but not limited to - any IP Rights) and/or is otherwise wrongful. You furthermore indemnify Navingo against any and all costs that it must incur in order to comply with a request, order and/or judgment pertaining to the imposition of a ban or order in connection with User Content.
4.6. Navingo reserves the right, if it believes that there is reason to do so, without further notification and without becoming liable for damages, to remove the User Content or to deny Your access to or ban you from the Platform, in particular but not only in cases in which You in Navingo’s opinion violate this Article 4 or one of the other provisions of these TOU, without prejudice to its right to take further legal measures and/or its entitlement to damages.
Article 5. IP Rights
5.1. The IP Rights regarding the Platform, the Service and the Navingo Content are vested in Navingo and/or its licensors. Nothing in the TOU constitutes the transfer of any IP Rights from Navingo to you. You are solely granted a license as described in Article 5.2.
5.2. Subject to the conditions recorded in these TOU, Navingo grants You a limited, personal, irrevocable, non exclusive, non licensable, non transferable right to use the Service and the Navingo Content.
5.3. You acknowledge and accept that, by making User Content available to Navingo, you automatically grant Navingo a free of charge, unencumbered, worldwide, nonexclusive license to use, multiply, distribute and publish the User Content, insofar as necessary in order to provide the Service, which license ends on the moment on which Navingo removes this User Content.
5.4. It is expressly not permitted to copy or publish the Service, Platform and/or the Navingo Content or to use them for direct or indirect commercial purposes or for any purpose other than those recorded in these TOU, unless Navingo or the rightful owner in question has expressly given its written consent.
5.5. You may not perform any acts that may infringe the IP Rights of Navingo and/or third parties, such as the registration of domain names, trademarks or Google Adwords that are similar or identical to any sign of Navingo. You acknowledge and accept that any and all unauthorized use constitutes violation of these TOU and the applicable legislation. It is expressly not permitted to remove, render illegible, conceal or change any notifications or statements regarding IP Rights.
Article 6. Privacy
6.1. By using the Service, You may provide Navingo with personal data of third parties. The provision of this personal data is subject to legislation in respect of privacy, such as the Dutch Personal Data Protection Act (“Wet bescherming persoonsgegevens”). You accept that you are responsible for compliance with such legislation in using the Service. You guarantee that you will comply with all legal obligations regarding the processing of personal data and indemnify and hold Navingo harmless against any claims of third parties relating to or following from the processing of personal data by Navingo. The privacy statement of Navingo can be accessed here.
Article 7. Liability
7.1. Navingo’s liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only. In any case, the total, cumulative, aggregated liability of Navingo, shall not exceed the amount of EUR 500,--.
7.2. Direct damage shall solely mean:
a. reasonable expenses that you would have to incur to make Navingo’s performance conform to the TOU;
b. reasonable expenses incurred by you to determine the cause and scope of the damage, insofar as the determination relates to direct damage within the meaning of these TOU; and
c. reasonable expenses incurred to prevent or mitigate damage, insofar as they relate to direct damage within the meaning of these TOU.
7.3. Any liability on Navingo’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data/Content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
7.4. The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or willful recklessness on the part of Navingo or its managers (“own actions”).
7.5. No right to damages shall exist unless you notify Navingo in writing of the damage promptly after it has arisen. Any claim for damages against Navingo shall become extinguished by the mere lapse of one (1) month after the claim has come into being.
7.6. Navingo may make use of third party products and/or services in providing the Service. For any such products and/or services, the third party’s (general) terms and conditions apply to You. You accept, agree and acknowledge that these third party’s (general) terms and conditions apply.
Article 8. Notice and Takedown
8.1. In order to put an end to violation of third party rights as soon as possible, Navingo has developed a procedure by means of which the presence on the Platform of allegedly wrongful material can be notified to Navingo via email@example.com.
8.2. Navingo is not liable for any loss related to the wrongful use of the Platformor the Service. Navingo will merely be required, subject to the conditions stated below, to remove obviously wrongful material after receipt of a Notification.
8.3. Navingo will be liable only if it fails to block the material in question or to put an end to the wrongful act, unless it has actual knowledge by means of the Notification of the fact that the material or the activity is obviously wrongful.
8.4. Navingo reserves the right not to comply with a request to block material or to put an end to an activity if it has valid reason to doubt the correctness of the Notification or the lawfulness of the evidence provided, or if it is not required to do so on the basis of a weighing of interests. In that context, for instance, Navingo may require a judgment of a competent court in The Netherlands, which judgment proves that the material in question is unmistakably wrongful.
8.5. Navingo will not in any manner be a party to a dispute between You and a third party that files a Notification.
8.6. If You file a Notification, You indemnify Navingo and all its affiliated businesses, as well as its directors, employees, representatives and legal successors, against any third party claims related to the blocking or removal of material. The indemnification also relates to all loss and costs incurred or yet to be incurred by Navingo or that Navingo may incur in connection with such a claim, including but not limited to reimbursement of the costs of legal assistance.
8.7. Navingo will respect and protect the privacy of third parties that make Notifications. All personal information made available to Navingo in the context of a Notification will always be handled confidentially and will be used only in order to process the Notification.
8.8 Third parties may receive personal data from Navingo with explicit confirmation from the users (e.g. CV-details for job applications), third parties are not allowed for any other purposes than agreed upon. All data processed by third parties must be taken care of in accordance with the GDPR guidelines.
Article 9. Miscellaneous
9.1. These TOU and the use of the Service are governed by Dutch law. Any and all disputes between You and Navingo will be exclusively submitted to the jurisdiction of the Dutch Courts (The Netherlands). This no matter where You are based and where the Service was provided, unless mandatory consumer law prescribes otherwise.
9.2. If these TOU are or become partially invalid, You and Navingo will remain bound by the other provisions. Navingo will replace the invalid part with provisions that are valid and whose legal consequences, in light of the content and scope of these TOU, are as similar as possible to those of the invalid part.
9.3. Navingo may transfer rights and obligations arising from these TOU to third parties and must inform you accordingly.