Disclaimer
1. Legal notices
© Hedgren Creations N.V., 2011
Hedgren Creations NV
Ankerrui 2, 2000 Antwerp – Belgium
Business number/VAT number: 0880.202.348
Register for Legal Entities - Brussels
2. Terms of use
Use of this web site (i.e. www.hedgren.com) is conditioned upon users acceptance of the terms of use contained herein. All users of this web site hereby understand and agree that their use of such web site constitutes acceptance of the terms of use set forth in this legal notice. HEDGREN CREATIONS N.V., reserves the right to modify the terms of use at any time without prior notice. If you do not agree to these terms, you may not use this web site. The domain name www.hedgren.com is owned by HEDGREN CREATIONS N.V.
3. Trademarks
This web site contains many trademarks, trade names, service marks, copyrights and/-or logos of HEDGREN CREATIONS N.V.. User agrees that it will not change, modify and/-or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
4. Prohibited Use
Any use of this web site for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libellous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally protected property right, etc. By using this web site, user agrees that any and all information transmitted to or with the use of this web site cannot and shall not be deemed confidential or proprietary. HEDGREN CREATIONS N.V. reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. HEDGREN CREATIONS N.V., its officers, directors, affiliates, employees, agents, partners, subsidiaries and or contractors shall not assume, and expressly disclaims, any and all liability relating to an individuals illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action HEDGREN CREATIONS N.V. determines appropriate under the circumstances.
4. Third Party Relationships
This web site may contain several links to other sites, such as the webshop corresponding to the following address: www.hedgrenwebshop.com. These links are provided merely to assist the user. These sites are independent of HEDGREN CREATIONS N.V.’s site and HEDGREN CREATIONS N.V. does not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by HEDGREN CREATIONS N.V.. The inclusion of a link does not mean that HEDGREN CREATIONS N.V. accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. HEDGREN CREATIONS N.V., and its officers, directors, affiliates, employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility/ liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
5. Modifications
This web site may contain typographical errors or technical inaccuracies. HEDGREN CREATIONS N.V. reserves the right to modify the content of this web site at any time without prior notice. HEDGREN CREATIONS N.V.’s failure to enforce any section of these terms of use shall not be construed as a waiver of such provision.
6. Severability
If one or more of the provisions contained in these terms of use are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms of use and the balance of these terms and conditions shall be enforceable.
7. Warranties & Limitation of Liability
HEDGREN CREATIONS N.V. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HEDGREN CREATIONS N.V. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNATIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARRISING FROM THIS WEB SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
8. Force Majeure
Notwithstanding any other provision set forth in these terms of use, HEDGREN CREATIONS N.V. shall not be liable for any failure or delay in its performance due to any cause beyond HEDGREN CREATIONS N.V.’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that HEDGREN CREATIONS N.V. shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
9. Indemnification
User hereby agrees to indemnify, defend, and hold harmless, HEDGREN CREATIONS N.V., its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners and subsidiaries from and against all claims, actions, suits, demands, costs and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this web site. HEDGREN CREATIONS N.V. has the right to control any defense pertaining to this section.
10. Relationship
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
11. Governing Law
These terms of use shall be governed by, construed, and enforced in accordance with the laws of Belgium, without regard to any choice of law principles.
12. Jurisdiction
User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of Antwerp, Belgium for any and all claims arising from the use of this web site.
13. Entire Agreement
These terms of use constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.