Terms of use...
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Welcome to the
Mineraltravel.com Website (our "Site"). We provide our
Site as a service to our customers. Please review the following "Terms
Of Use," which govern your use of our Site. By using our Site you agree
to be bound by the terms and conditions set forth below, and our
Privacy Policy and all disclaimers or other terms and conditions that
appear elsewhere on our Site (collectively the "Agreement"). Your use
of our Site constitutes your agreement to follow and be bound by the
Agreement. If you do not agree to be bound by the Agreement, please do
not use our Site. Although you may "bookmark" a particular portion of
our Site and thereby bypass the Agreement, your use of (or clicking
onto) any portion or page of our Site still binds you to the Agreement.
Since we may revise the Agreement at any time, we recommend that you
visit these pages periodically to review the Agreement.
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Proprietary Rights. Unless
otherwise noted, all written and/or other
materials that are part of our Site, including information, images,
illustrations, designs, icons, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds and other material
(collectively "Content"), are protected by copyright, trademark, patent
or other proprietary rights, and these rights are valid and protected
in all forms, media and technologies existing now or developed in the
future. Except as expressly authorized or licensed, you may not copy,
modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale, lease or rental of, create derivative works
from or in any way exploit any of the Content, in whole or in part. All
Content is copyrighted as a collective work under the Dutch and
international copyright laws, and Mineraltravel.com owns, to the
fullest extent allowed by such laws, the copyright in the selection,
coordination, arrangement, and enhancement of all Content.
Mineraltravel.com trademarks, logos and other trademarks on our Site
are the property of their respective owners and are owned by, licensed
to, or, where required, used with permission of Mineraltravel.com, and,
as such, may not be reproduced, copied, or manipulated in any manner
without the express, written approval of the trademark owner.
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Your Use of Our Site. Our Site
and the Content are intended solely for
your personal, non-commercial use. You may download or copy the Content
and/or other downloadable materials displayed on the Site for your
personal use only; provided that you also retain all copyright,
trademark and other proprietary notices contained in the material, do
not modify or alter the material and do not copy or post the material
on any network computer or broadcast the material in any media. It is
strictly prohibited to modify, transmit, distribute, reuse, repost,
'frame' or use the Content for public or commercial purposes without
written permission from Mineraltravel.com. It is also strictly
prohibited to download any images of the Mineraltravel.com products and
services that appear on our Site. No right, title or interest in any
downloaded materials or software is transferred to you as a result of
any such downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of or exploit in
any way, in whole or in part, any of the Contents, the Site or any
related intellectual property. You agree that if Mineraltravel.com, in
our sole discretion, requests in writing that you remove any link or
links to our Site, you will promptly do so. You agree that we may, in
our sole discretion, and at any time, terminate your access to and use
of our Site, or any part thereof, with or without notice.
....
NO WARRANTIES; LIMITATION OF
LIABILITY. YOUR USE OF AND RELIANCE UPON
ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT IS AT
YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN 'AS IS' AND 'AS
AVAILABLE' BASIS. MINERALTRAVEL.COM MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE
APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE,
COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. MINERALTRAVEL.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.IN NO EVENT SHALL MINERALTRAVEL.COM AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE MINERALTRAVEL.COM WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE MINERALTRAVEL.COM WEB SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE MINERALTRAVEL.COM WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE MINERALTRAVEL.COM WEB SITE, WHETHER BASED
ON CONTRACT, TORT OR OTHERWISE, EVEN IF MINERALTRAVEL.COM OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE MINERALTRAVEL.COM WEB SITES, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
MINERALTRAVEL.COM WEB SITE.
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Security. Tampering with our
Site, misrepresenting the identity of a
user, using buying agents or conducting fraudulent activities on our
Site are prohibited. Users are prohibited from violating or attempting
to violate the security of our Site, including, without limitation, (a)
accessing data not intended for such user or logging onto a server or
an account which the user is not authorized to access; (b) using our
Site for unintended purposes or trying to change the behavior of our
Site; (c) attempting to probe, scan or test the vulnerability of a
system or network or breach security or authentication measures without
proper authorization; (d) attempting to interfere with service to any
user, host or network, including without limitation via means of
submitting a virus to our Site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or
any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or
criminal liability; or (g) forging communications on behalf of our Site
(impersonating our Site), or to our Site (impersonating as a legitimate
user). Sending unsolicited and unauthorized e-mail on behalf of
Mineraltravel.com, including promotions and/or advertising of products
or services, is expressly prohibited. You agree not to use any device,
software or routine or data to interfere or attempt to interfere with
the proper working of our Site or any activity being conducted on this
site. You agree, further, not to use or attempt to use any engine,
software, tool, agent, data or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search our Site other than the search engine and
search agents provided by us (if any) or by generally publicly
available and acceptable browsers. If and when requested, you agree to
provide true, accurate and complete user information to
Mineraltravel.com, and to refrain from impersonating or falsely
representing your affiliation with any person or entity.
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Not Geared Towards Children.
Our Site is intended for use by
individuals 13 years of age or older. Our Site is not directed to
children under the age of 13. Users under the age of 13 must use the
assistance of a parent or guardian before they use or visit our Site.
.......
Errors, Corrections and
Changes. Occasionally there may be information
on our Site that contains typographical errors, inaccuracies, or
omissions that may relate to product descriptions, pricing, and
availability. We reserve the right (and we will use commercially
reasonable efforts) to correct any errors, inaccuracies or omissions.
Additionally, we reserve the right to change or update information at
any time without prior notice.
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Information & Content You
Submit to Us. By using our Site, you
agree that any information (except for purchase information as
applicable), materials, suggestions, ideas or comments you send to us
or any other third party using our Site is not confidential. By
submitting any solicited or unsolicited information using our Site, you
grant to Mineraltravel.com an irrevocable and unrestricted license to
use, modify, reproduce, transmit, display and distribute such
materials, information, suggestions, ideas or comments for any purpose
whatsoever, to the extent permitted by law.
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Indemnity. You agree to
indemnify, defend and hold harmless
Mineraltravel.com, its partners, affiliates, subsidiaries and suppliers
from any liability, loss, claim and expense (including attorneys'
reasonable fees) related to your violation of this Agreement.
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Third Party Sites & Links.
Our Site may contain links to other
websites that are not under our control ("Third-Party Sites"). We
provide links solely for the convenience and information of our Site
users. We do not warrant or make any representation about the
substance, quality, functionality, accuracy, fitness for a particular
purpose, merchantability or any other representation about any
Third-Party Site or its content. A link to a Third-Party Site on our
Site does not constitute sponsorship, endorsement, approval or
responsibility for any Third-Party Site. We make no representation or
warranty as to any products or services offered on any Third-Party
Site. The conditions of use and privacy policy of any Third-Party Site
may differ substantially from the Terms of Use and Legal Notices that
apply to your use of our Site. Please review the conditions of use for
all Third-Party Sites for more information about the terms and
conditions that apply to your use of Third-Party Sites.
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Applicable Law & Other
Terms. Our Site is created, operated and
controlled by Mineraltravel.com in the Netherlands. The laws of the
Netherlands will govern the Agreement without giving effect to any
principles or conflicts of laws. You hereby consent to the exclusive
jurisdiction and venue of courts sitting in the Netherlands in all
disputes arising out of or relating to the use of our Site. If any part
of this Agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the Agreement shall continue in
effect. Unless otherwise specified herein, this Agreement constitutes
the entire agreement between you and Mineraltravel.com with respect to
our Site, and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and
Mineraltravel.com with respect to our Site. A printed version of this
Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
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