Seafood Supplies Terms of Conditions Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This Terms of Use Agreement (the "Agreement") describes the
terms and conditions applicable to your use of the Seafood Supplies web site
which is identified by the uniform resource locator www.seafood-supplies.com
(the"Site"). This Agreement is entered into between you as the
user of the Site (the" User") and Seafood Supplies BV. ("Seafood
Supplies").
1. Application of and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the
Site for whatever purpose, regardless of whether said User has registered with
Seafood Supplies as a registered User or whether said User is a paying customer
for a specific service provided by Seafood-supplies.com. A User includes the
person using this Site and any legal entity which may be represented by such
person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and
conditions set forth in this Agreement as a User. You shall be bound by the
terms and conditions of this Agreement with respect to your access or use of
this Site and any further upgrade, modification, addition or change to this
Site. If you do not accept all of the terms and conditions of this Agreement,
please do not use this Site.
1.3 Seafood-supplies may amend this Agreement at any time by posting the
amended and restated Agreement on the Site. The amended and restated Agreement
shall be effective immediately upon posting. This Agreement was last amended on
January 18, 2005. Posting by Seafood Supplies of the amended and restated
Agreement and your continued use of the Site shall be deemed to be acceptance
of the amended terms. This Agreement may not otherwise be modified, except in
writing by an authorized officer of Seafood Supplies BV.
2. Users Generally.
2.1 Users may use this Site solely for their own personal or internal purposes.
Each User agrees that it shall not copy, reproduce or download any information,
text, images, video clips, directories, files, databases or listings available
on or through the Site (the "Seafood Supplies Content") for the purpose of
re-selling or re-distributing the Seafood-supplies.com Content, mass mailing
(via emails, wireless text messages, physical mail or otherwise), operating a
business that competes with Seafood-supplies.com, or otherwise commercially
exploiting the Seafood-Supplies.com Content. Systematic retrieval of
Seafood-supplies.com. Content from this Site to create or compile, directly or
indirectly, a collection, compilation, database or directory (whether through
robots, spiders, automatic devices or manual processes) without written
permission from Seafood-supplies.com is prohibited. In addition, use of the
content or materials for any purpose not expressly permitted in this Agreement
is prohibited.
2.2 Some of the Seafood-supplies.com Content displayed on this Site is provided
or posted by third parties ("Third Party Content"). Seafood-supplies.com is not
the author of third-party content, contributed by suppliers.
Seafood-supplies.com is not responsible for the accuracy, propriety, lawfulness
or truthfulness of any Third Party Content, and shall not be liable to any User
in connection with such User's reliance of such Third Party Content. In
addition, Seafood Supplies is not responsible for the conduct of any User's
activities on the Site, and shall not be liable to any person in connection
with any damage suffered by any person as a result of such User's conduct.
2.3 Seafood-supplies.com may allow Users access to content, products or
services offered by third parties through hyperlinks (in the form of word link,
banners, channels or otherwise) to such Third Party's web site. You are
cautioned to read such sites' terms and conditions and/or privacy policies
before using such sites in order to be aware of the terms and conditions of
your use of such sites. User acknowledges that Seafood-supplies.com has no
control over such third party's web site, does not monitor such sites, and
Seafood-supplies.com shall not be responsible or liable to anyone for such web
site, or any content, products or services made available on such a website.
2.4 Messages or information sent by a User through communication systems
provided by the Site, or through emails, fax or letters to addressees obtained
from the Site, shall not contain any of the materials described in the
provisions of Section 4.5 below.
3. Registered Users
Each User who has filled out an on-line registration form on the Site by giving
its information (such as name, address, telephone and fax number, email
address, details of its business, etc.) is a registered user of
Seafood-supplies.com (a "Registered User"). Seafood-supplies.com will establish
an account ("Account") for each Registered User and each Registered User will
be assigned a user alias ("User ID") and password ("Password") for log-in
access to its own Account.
3.2 If the Registered User is a business entity, you represent that (a) you
have the authority to bind the entity to this Agreement; (b) the address you
use when registering is the principal place of business of such business
entity; and (c) all other information submitted to Seafood-supplies.com during
the registration process is true, accurate, current and complete. For purposes
of this provision, a branch or representative office will not be considered a
separate entity and its principal place of business will be deemed to be that
of its head office.
3.3 By becoming a Registered User, you consent to the inclusion of your
personal data in our Database and authorize Seafood-supplies.com to share such
information with other Users.
3.4 Seafood-supplies.com may suspend or terminate a Registered User's Account
or Email Account at any time by giving no less than 24-hour notice to the
Registered User; provided, however, that notice is not required for such
termination if (a) in Seafood-supplies.com's determination, there is any breach
of the provisions of this Agreement by the Registered User; or (b)
Seafood-supplies.com has reasonable grounds to suspect that such information
provided by a Registered User is untrue, inaccurate or is not current or
complete, or (c) Seafood Supplies believes that the Registered User's actions
may cause financial loss or legal liability to such Registered User,
Seafood-supplies.com's other Users, or its affiliates.
3.5 A Registered User may not sell, attempt to sell, offer to sell, give,
assign or otherwise transfer an Account, User ID or Password to a third party
without the prior written consent of Seafood-supplies.com. Seafood-supplies.com
may suspend or terminate the Account of a Registered User or the transferee of
a Registered User in the event of a sale, offer to sell, gift, assignment or
transfer in violation of this Section.
3.6 Notwithstanding Section 4.1 above, Seafood-supplies.com may refuse
registration and deny the issuance of an Account and/or Email Account and
associated User ID and Password to any User for whatever reason.
4. Transactions between Seafood Supplies and buyers
4.1 Through the Site, Seafood-supplies.com provides an electronic web-based
platform for buyers. Seafood-supplies. is not liable to or responsible for the
quality, safety, lawfulness or availability of the products or services offered
for sale on the Site or the ability of the buyers to complete a sale.
4.2 Users are hereby made aware that there may be risks of dealing with people
acting under false pretenses. Seafood-supplies.com uses several techniques to
verify the accuracy of the information our users provide us when they register
on the Site. However, because user verification on the Internet is difficult,
Seafood-supplies.com cannot and does not confirm each User's purported
identity. We encourage you to use the various tools available on the Site, as
well as common sense, to evaluate with whom you are dealing.
4.3 Users are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Site,
including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
4.4 In the event that any User has a dispute with any party to a transaction,
such User agrees to release and indemnify Seafood Supplies (and our affiliates,
directors, officers and employees) from all claims, demands, actions,
proceedings, costs, expenses and damages (including without limitation any
actual, special, incidental or consequential damages) arising out of or in
connection with such transaction.
5. Intellectual Property Rights
5.1 Seafood-supplies.com is the sole owner or lawful licensee of all the rights
to the Site and the Seafood Supplies Content. Seafood-supplies.com Content
embody trade secrets and intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual property rights
in the Seafood-supplies.com Content shall remain with Seafood-supplies.com and
its suppliers of the Seafood-supplies.com Content, as the case may be. All
rights not otherwise claimed under this Agreement or by Seafood-supplies.com
are hereby reserved.
5.2 "Seafood Supplies.com " and related icons and logos are registered
trademarks or trademarks or service marks of Supplies-supplies.com Corporation
in various jurisdictions and are protected under applicable copyright,
trademark and other proprietary rights laws. The unauthorized copying,
modification, use or publication of these marks is strictly prohibited.
6. Notices
6.1 All notices or demands to or upon Seafood-supplies.com shall be effective
if in writing and shall be duly made when sent to M & J Trading Lts in the
following manner: to Fourth Floor, One Capital Place, P.O. Box 847,Tortola,
BVI, with a copy to Seafood-supplies.com NV, 2 Konings Kinderen Straat 8, 1055
DH Amsterdam, The Netherlands Attn: Legal Department.
6.2 All notices or demands to or upon a User shall be effective if either
delivered personally, sent by courier, certified mail, by facsimile or email to
the last-known correspondence, fax or email address provided by the User to
Seafood-supplies.com, or by posting such notice or demand on an area of the
Site that is publicly accessible without a charge. Notice to a User shall be
deemed to be received by such User if and when:
a. Seafood-supplies.com is able to demonstrate that communication, whether in
physical or electronic form, has been sent to such User, or
b. immediately upon Seafood-supplies.com's posting such notice on an area of
the Site that is publicly accessible without charge.
7. General
7.1 Seafood-supplies.com and the User are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
7.2 If any provision herein is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced.
7.4 Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
7.5 Seafood-supplies.com's failure to enforce any right or failure to act with
respect to any breach by a User under these terms and conditions will not waive
that right nor waives Seafood Supplies 's right to act with respect with
subsequent or similar breaches.
7.6 This Agreement shall be governed by the laws of the Kingdom of the
Netherlands ("The Netherlands") without regard to its conflict
of law provisions. The parties to this Agreement hereby submit to the exclusive
jurisdiction of the courts of The Netherlands.