Terms of Use

Ownership of site: Agreement to terms of use

These Terms and Conditions of Use (the “Terms of Use”) apply to the New Delta web site located at www.newdelta.nl, and all associated sites linked to www.newdelta.nl by New Delta, its subsidiaries and afliates, including New Delta sites around the world (collectively, the “Site”). The Site is the property of New Delta Europe B.V. (“New Delta”) and its licensors.

By using the site, you agree to these terms of use; if you do not agree, do not use the site.

New Delta reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, New Delta grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to New Delta, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without New Delta's express prior written consent.

You may use information on New Delta products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by New Delta for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your use of the site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. New Delta reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any New Delta server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of New Delta, including any New Delta account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identication or information, other than your own information, as provided for by the Site. 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or New Delta’s systems or networks, or any systems or networks connected to the Site or to New Delta.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identiers in order to disguise the origin of any message or transmittal you send to New Delta on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of New Delta or others.

Purchases: Other terms and conditions

Additional terms and conditions may apply to purchases of goods or services and to specic portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufcient legal age to use or participate in such service or feature. If there is a conict between these Terms of Use and the terms posted for or applicable to a specic portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specic service.

New Delta’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. New Delta may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and New Delta makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, passwords and security

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the condentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and condential. You agree to notify New Delta immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by New Delta or any other user of or visitor to the Site due to someone else using your New Delta account, password or account as a result of your failing to keep your account information secure and condential.

You may not use anyone else’s New Delta account or password at any time without the express permission and consent of the holder of that New Delta account or password. New Delta cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Other Sites and to the New Delta Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under New Delta’s control, and New Delta is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

New Delta does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specic results. The site and it’s content are delivered on an “AS-IS” and “AS-AVAILABLE” basis. All information provided on the site is subject to change without notice. New Delta canot ensure that any les or other data you download from the site will be free or viruses or contamintion or destructive features. New Delta disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and tness for a particular purpose. New Delta disclaims any and all liability for the acts, omssions and conduct of any third parties in connection with or related to your use of the site and/or any New Delta services. You assume total responsibility for your use of the site and linked sites. Your sole remedy against New Delta for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

New Delta reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of liability

Except where prohibited by law, in no event will New Delta be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost prots, even if New Delta has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold New Delta, its ofcers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and afliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against New Delta by any third party due to or arising out of or in connection with your use of the Site.

Violation of these terms of use

New Delta may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) New Delta’s rights or property, or the rights or property of visitors to or users of the Site, including New Delta’s customers. New Delta reserves the right at all times to disclose any information that New Delta deems necessary to comply with any applicable law, regulation, legal process or governmental request. New Delta also may disclose your information when New Delta determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that New Delta may preserve any transmittal or communication by you with New Delta through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or New Delta determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of New Delta, its employees, users of or visitors to the Site, and the public. 

You agree that New Delta may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to New Delta, for which monetary damages would be inadequate, and you consent to New Delta obtaining any injunctive or equitable relief that New Delta deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies New Delta may have at law or in equity.

You agree that New Delta may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modication of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If New Delta does take any legal action against you as a result of your violation of these Terms of Use, New Delta will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to New Delta. You agree that New Delta will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Miscellaneous 

New Delta provides access to New Delta international data and, therefore, may contain references or cross references to New Delta products and services that are not announced in your country. Such reference does not imply that New Delta in your country intends to announce such products or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-condential. New Delta shall be free to use such information on an unrestricted basis.