Updated: 2018-06-01 (YYYY-MM-DD).
Welcome! These Terms of Use (“Terms of Use”) govern your use of the nds.net website (together with all sub-pages thereunder referred to collectively as the “Website”). Your access to, and use of, the Website, and the services, products and networks found at or related to the Website (referred to collectively as the “Service”) are subject to these Terms of Use. The terms “NDS”, “We”, “Us”, or “Our” shall refer to New Design Systems and its subsidiaries, affiliates, sister and parent companies.
By using Our Website, you signify that you have read, understand and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations.
We may change or modify these Terms of Use at any time without further notice and such changes or modifications will come into effect immediately upon posting to Our Website. We will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of Our Service or Our Website after any change or modification constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) Our Service or Our Website. It is your responsibility to regularly check Our Website to determine if there have been changes to these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
Personal Use Only
Our Service and Our Website are made available for your personal, non-commercial use only. You may not use Our Website to sell a product or a service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror Our home page or results pages on your website. You may not “meta-search” Our Website. If you want to make commercial use of Our Service, you must enter into written agreement with Us to do so in advance.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Our Service or Our Website (“Submissions”), provided by you to Us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Notwithstanding the foregoing, all personally identifiable information provided to Us will be treated in accordance with Our Privacy Policy.
User Conduct
You agree that you will not distribute, post or transmit to or from this Website any Submissions that are unlawful, defamatory, harassing, threatening, libelous, obscene, pornographic or otherwise sexually explicit, scandalous, inflammatory, or other material that could give rise to any civil or criminal liability under the law.
Intellectual Property
All information, materials and other content contained on this Website (including any submissions as discussed above, “Content”) are Our copyrighted material. Except as stated herein, none of the Content may be used, copied, reproduced, transmitted, re-transmitted, distributed, downloaded, posted or otherwise exploited without Our prior written consent.
Trademarks
“NDS” and “New Design Systems” are registered trademarks of Us. You are not permitted to use these trademarks without Our prior written consent.
No Representations and Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF OUR SERVICE OR OUR WEBSITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM YOUR USE OF, OR INABILITY TO USE, OUR SERVICE OR OUR WEBSITE, OR YOUR RELIANCE UPON OUR SERVICE OR OUR WEBSITE, OR OUR PROVISION OF, OR FAILURE TO PROVIDE, OUR SERVICE OR OUR WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE HAVE NO DUTY TO UPDATE OUR WEBSITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED ONE EURO (€ 1.00). IF YOU ARE DISSATISFIED WITH OUR SERVICE OR OUR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF OUR SERVICE OR OUR WEBSITE.
Governing Law
The laws of the Netherlands, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Us or any of Our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the competent court located in Amsterdam, the Netherlands, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens (FNC) with respect to, venue and jurisdiction in the competent court of Amsterdam, the Netherlands.