User Agreement
Last revised on December 10, 2009
By accessing, viewing, downloading or otherwise using Supplier Scan or any webpage or feature available through Supplier Scan, any information provided as part of the Supplier Scan services, or any related emails, newsletters or services (hereinafter collectively “Supplier Scan” or the “Services”), or by clicking “Submit” during the registration process, you conclude a legally binding agreement with Supplier Scan, Kennemerpoort 7, 2152ED Nieuw Vennep, Netherlands (“we”) based on the terms of this Supplier Scan User Agreement (“Agreement”) and become a Supplier Scan user (“User”). If you are using Supplier Scan on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Submit” and do not access, view, download or otherwise use any Supplier Scan webpage, information or services.
We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
1. Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
Do’s and Don’ts
Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content
Other Notices
Supplier Scan’s Privacy Policy
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform Supplier Scan in the event that any such information has changed since your registration with Supplier Scan and, if appropriate, you agree to make such modifications yourself to your profile.
Supplier Scan exercises no control over any content you or others submit while using Supplier Scan. Supplier Scan has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through Supplier Scan in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Supplier Scan.
Prior to joining Supplier Scan, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself and your organisation to the large community of Supplier Scan Users and to Supplier Scan and you must not communicate to Supplier Scan and its Users any information the dissemination of which could be harmful to you.
Service Eligibility: You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Supplier Scan; (c) are not a direct competitor of Supplier Scan; (d) do not have more than one Supplier Scan account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Supplier Scan, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (info@supplierscan.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Supplier Scan account or any information therein to another party or charging anyone for access to any portion of Supplier Scan, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Supplier Scan or (c) any activity in which you engage on or through the Supplier Scan.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, annual fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Premium Services: If you have access to any Supplier Scan’s Premium Services, this User Agreement applies to your use of such services.
Forums: Supplier Scan may include various forums where you can post your observations and comments on designated topics. Supplier Scan cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. SUPPLIER SCAN AND THE SUPPLIER SCAN AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS.
Privacy: You should carefully read our full Privacy Policy before deciding to become a User of Supplier Scan. Please note that certain information, statements, data and content which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.
2. Your Rights — What You May Do
On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on Supplier Scan web-pages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss per Sections 1, 4 and 8 hereof. We grant you no other rights, implied or otherwise.
3. Our Rights and Obligations — What We Must And May Do
The purpose of Supplier Scan is to provide a service to facilitate professional networking among Users throughout the world. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users.
For as long as Supplier Scan continues to offer services, Supplier Scan shall provide (and seek to update, improve and expand, in similar and different new ways) the Supplier Scan platform and service with the purpose of providing all members with professional networking connectivity, through Supplier Scan’s proprietary tools, rules and protocols which Supplier Scan may update, improve, discontinue and change at any time, at Supplier Scan’s sole discretion.
Any other use of Supplier Scan (such as seeking to connect to someone a User does not know or to use Supplier Scan as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
We allow you to access Supplier Scan as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Supplier Scan, partially or entirely, or to charge and modify prices for Supplier Scan. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Supplier Scan and all related items.
Supplier Scan reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Supplier Scan has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Supplier Scan may include or automatically produce links to third party web sites (“Third Party Sites”). Supplier Scan is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Supplier Scan may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Supplier Scan and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Supplier Scan or relating to any applications you use or install from the site.
Supplier Scan enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by Supplier Scan and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).
Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to Supplier Scan’s Privacy Policy.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Supplier Scan, the Supplier Scan Affiliates, its Users and the public.
You are solely responsible for your interactions with other members. Supplier Scan reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Supplier Scan determines, in its sole discretion, that doing so is prudent.
4. Disclaimer
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON SUPPLIER SCAN, ANY INFORMATION THEREIN, OR IT’S CONTINUATION. WE PROVIDE THE PLATFORM FOR SUPPLIER SCAN AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SUPPLIER SCAN OR ANYTHING RELATED TO SUPPLIER SCAN, YOU MAY LEAVE SUPPLIER SCAN AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
SUPPLIER SCAN IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SUPPLIER SCAN TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
SUPPLIER SCAN DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SUPPLIER SCAN DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
SUPPLIER SCAN DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. SUPPLIER SCAN DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SUPPLIER SCAN DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SUPPLIER SCAN SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO SUPPLIER SCAN.
5. Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Supplier Scan nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Supplier Scan Affiliates”) shall be liable for (1) any damages in excess of the most recent annual fee that you paid for a premium account, if any, or €100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Supplier Scan even if Supplier Scan is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
Apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
Not apply to any damage that Supplier Scan Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
6. Termination
You may terminate this Agreement, for any or no cause, at any time, with notice to Supplier Scan which shall be effective upon Supplier Scan processing such notice. Supplier Scan may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by Supplier Scan or the party paying for such services. Termination of your Supplier Scan account includes disabling your access to Supplier Scan (including any content you submitted or others submitted) and may also bar you from any future use of Supplier Scan.
In furtherance and without limiting the foregoing, Supplier Scan has adopted a policy of terminating, in appropriate circumstances and at Supplier Scan’s sole discretion, members who are deemed to be repeat infringers under the European Copyright Act. Supplier Scan may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Consequences of Termination
Upon termination, you lose access to Supplier Scan. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
8. Arbitration
Choice of Law: The Agreement and any disputes with us or any Supplier Scan Affiliate arising out of or relating to the Agreement or Supplier Scan (“Disputes”) shall be governed by Dutch law.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the Netherlands Arbitration Institute (“NAI”), to be held in The Hague, Netherlands, in Dutch, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Refundable Fee Advances for Consumers: If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your Country if travel to The Netherlands would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
9. General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.supplierscan.com, and via email or any other communications means to contact information you provide to us. You may also notify us via email at info@supplierscan.com or via mail or courier at Supplier Scan, Kennemerpoort 7, 2152ED Nieuw Vennep, Netherlands; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.supplierscan.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Supplier Scan Affiliate shall be deemed legally binding on any Supplier Scan Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Supplier Scan.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: Supplier Scan Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Supplier Scan for any third party that assumes our rights and obligations under this Agreement.
10. Complaints
Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
11. Supplier Scan User Do’s & Don’ts
As a condition to access Supplier Scan, you agree to this User Agreement and to strictly observe the following Do’s and Don’ts:
DO
comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
provide accurate information to us and update it as necessary;
review the Privacy Policy;
review and comply with notices sent by Supplier Scan concerning Supplier Scan;
DON'T
duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Supplier Scan (excluding content posted by you) except as permitted in the User Agreement;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Supplier Scan, or any part thereof;
include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address that is confidential in nature;
utilize information, content or any data you view on and/or obtain from Supplier Scan to provide any service that is competitive, in Supplier Scan’s sole discretion, with Supplier Scan;
imply or state, directly or indirectly, that you are affiliated with or endorsed by Supplier Scan unless you have entered in to a written agreement with Supplier Scan (this includes representing yourself as an accredited Supplier Scan trainer if you have not been certified by Supplier Scan as such);
adapt, modify or create derivative works based on Supplier Scan or technology underlying the Services, or other Users’ content, in whole or part;
rent, lease, loan, trade, sell/re-sell access to Supplier Scan or any information therein, or the equivalent, in whole or part;
deep-link to the Site for any purpose, (i.e. including a link to a Supplier Scan web page other than Supplier Scan’s home page) unless expressly authorized in writing by Supplier Scan or for the purpose of promoting your profile or a Group on Supplier Scan;
access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;
use automated methods to send messages or other permitted activities;
access, via automated or manual means or processes, Supplier Scan for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Supplier Scan’s website;
attempt to or actually access Supplier Scan by any means other than through the interface provided by Supplier Scan;
attempt to or actually override any security component included in or underlying Supplier Scan;
engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
remove any copyright, trademark or other proprietary rights notices contained in or on Supplier Scan, including those of both Supplier Scan or any of its licensors;
remove, cover or otherwise obscure any form of advertisement included as part of Supplier Scan;
use any information obtained from Supplier Scan to harass, abuse or harm another person;
collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Supplier Scan except as expressly permitted in the User Agreement or the owner of such information may expressly permit;,/
interfere with or disrupt Supplier Scan, including but not limited to any servers or networks connected to Supplier Scan, or disobey any requirements, procedures, policies or regulations of networks connected to the Supplier Scan;
use or attempt to use another's account without authorization from the Company, or create a false identity on Supplier Scan;
infringe or use Supplier Scan’s brand, logos and/or trademarks, including, without limitation, using the word “Supplier Scan” in any business name, email, or URL or including Supplier Scan’s trademarks and logos on any website without authorization;
upload, post, email, transmit or otherwise make available or initiate any content that:
falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
includes any personally identifiable information for which there is not a field provided by Supplier Scan;
includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Supplier Scan or any User of Supplier Scan;
forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
adds to a content field content that is not intended for such field
Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices;
Claims Regarding Copyright Infringement
Each User grants Supplier Scan a license to use the content supplied by each such User for the purposes of disclosure on the Supplier Scan website.
This license includes, inter alia, the right for Supplier Scan to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Supplier Scan and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes Supplier Scan to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Supplier Scan for any purpose other than for those purposes strictly related to use of the Supplier Scan services for personal purposes.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Supplier Scan has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Supplier Scan’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Supplier Scan’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at info@supplierscan.com or by mail at: Supplier Scan, Kennemerpoort 7, 2152 ED Nieuw Vennep, Netherlands.
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Supplier Scan may remove or disable access to the material that is alleged to be infringing;
2. Supplier Scan may forward the written notification to such alleged infringer; and
3. Supplier Scan may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter-Notification:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Supplier Scan’s Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to the Supplier Scan’s Copyright Agent for Notice that includes the following information:
1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Supplier Scan may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
1. Supplier Scan may promptly provide you with a copy of the Counter-Notification;
2. Supplier Scan may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. Supplier Scan may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Supplier Scan’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Supplier Scan’s network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Notice and Procedure for Making Complaints Regarding Content
To notify Supplier Scan of Content that infringes your rights (other than copyright violations) or is otherwise unlawful (“Specified Content”), you must send a notice to the Supplier Scan Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
Your name, address, telephone number, and e-mail address;
A description of the Specified Content that your claim either infringes your rights or is otherwise unlawful, specifying which parts of it you believe infringe your rights, or are unlawful, and which parts you believe should be removed;
A description of the exact location of the Specified Content on the Web Site;
In the event you believe that the Specified Content infringes your rights): A statement specifying in detail the rights you assert, and why the Specified Content infringes them;
In the event you believe that the Specified Content is otherwise unlawful): A statement specifying in detail which laws you believe are being breached, and why the Specified Content does so;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are damaged by the Specified Content or authorized to act on such person’s behalf; and
Your electronic or physical signature (as appropriate).
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion.
You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else.
Supplier Scan Content Complaint Manager
Contact information for Supplier Scan’s Content Complaint Manager is as follows:
E-mail: info@supplierscan.com
Mail:
Supplier Scan
ATTN: General Counsel
Kennemerpoort 7
2152 ED Nieuw Vennep
Netherlands
The following provisions apply if your country of registration is France, you are using Supplier Scan from France, and you are using the French version of Supplier Scan:
In accordance with Article L. 121-20 of the French Consumer Code, you are hereby informed that you have a seven (7) day period from the opening of your account to exercise your right of retraction, without any penalty or cause. However, in accordance with Article L. 121-20-2, 1° of the French Consumer Code, this right of retraction cannot be exercised once you have used the services of the account in question.
You agree that you will not participate directly or indirectly in a network seeking to implement practices similar to “snowball” sales or services as set forth in Articles L 122-6 and L 122-7 of the French Consumer Code.
The following provisions apply and prevail over the above stated clauses if your country of registration is Germany, you are using Supplier Scan from Germany and you are using the German version of Supplier Scan:
Liability
Subject to the provisions contained in the following paragraph and irrespective of legal grounds, Supplier Scan is liable only for damages resulting from the intentional misconduct or gross negligence of Supplier Scan, its legal representatives, employees or authorized agents (“Agents”).
For damages resulting from the gross negligence of Supplier Scan or its Agents, liability is limited to damages commonly associated with the agreement in question. For damages caused by Supplier Scan or its Agents in the absence of intentional misconduct or gross negligence, Supplier Scan’s liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement’s purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (i) injuries to life, body and health, or (ii) the assumption of a guarantee or procurement risk. To the extent that Supplier Scan’s liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of Supplier Scan Agents in cases in which a User sues Supplier Scan Agents directly.
De-compilation
In case you download certain software provided by Supplier Scan, you are only entitled to decompile the Software under the rules provided in Sec. 69e Copyright Act (Urhebergesetz) and only after Supplier Scan has not provided the necessary information and data for allowing to establish interoperability with third party hard- or software after a written request within an adequate timeframe.
Right of Revocation
If the User is a consumer (Sec. 13 German Civil Code), he or she may revoke registration for the Free or Premium Membership in writing (for example by letter, fax or e-Mail) without stating a reason within two (2) weeks of registration. Furthermore, the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or e-Mail) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the revocation of the contract to the following address:
Supplier Scan
ATTN: Legal Dept. / Cancellation
Kennemerpoort 7
2152 ED Nieuw Vennep
Netherlands
Fax: +31 252 347554
Email: info@supplierscan.com
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to Supplier Scan, then the User is obligated to reimburse Supplier Scan for the corresponding value. Each party must fulfil its obligation for reimbursement within 30 days. The deadline begins for the User with the dispatch of the revocation; for Supplier Scan, it begins with the reception of the revocation sent by the User. The right to revoke the contract expires if Supplier Scan has begun providing the service with the User’s explicit consent before the end of the deadline for the revocation or if the User has initiated the service himself or herself.
Supplier Scan, Kennemerpoort 7, 2152 ED Nieuw Vennep December 10, 2009.
