ProvenModels provides its services subject to the following terms and conditions. We may periodically change the Terms, so please check back from time to time. These Terms were last updated on February 2, 2007.
- These Terms and Conditions shall apply to the use of this website by both Guests and Subscribers, as defined hereafter.
- Any visitor/user of this website who does not register is a Guest. Every visitor that registers by filling out the thereto designed form, is a Subscriber.
- The Terms and Conditions are subject to change by ProvenModels. Please check regularly for changes.
2. terms and termination
- The subscription will enter into force on the date of registration.
- ProvenModels is entitled to end the Subscription at any time.
3. rights of use
- Subscriber and Guest shall withhold from providing, distributing or reselling any content of this website to third parties.
- After termination of the subscription, Subscriber shall no longer use or reuse any content of this website provided by ProvenModels, including but not limited to the use of reuse of reports or presentations written with content provided by ProvenModels during the term of the Subscription.
- ProvenModels has for an undefined period of time the unrestricted right to use, including but not limited to the right to modify any content uploaded by the Subscriber.
4. warrenty and indemnification
- ProvenModels will use reasonable effort to provide Subscriber and Guest with correct information, however ProvenModels does not warrant that any content of this website provided by ProvenModels is correct at all times.
- The use made by Subscriber and Guest of content provided by ProvenModels is at Subscribers and Guests sole and own risk.
- ProvenModels is not responsible for content of links to third-party websites, and of content appearing to be on this knowledge base which is in fact supplied by third parties.
- Subscriber shall indemnify ProvenModels for any claims of third parties regarding content supplied by Subscriber.
- ProvenModels cannot be held liable for any damages whatsoever arising from breach of contract or any other violations under the Subscription or under use of this website, including but not limited to direct damages, indirect loss, consequential loss, such as loss of income, loss of profits, loss of savings not realized, loss due to interruption of operations and loss and costs incurred due to the loss of information and damages suffered by third parties.
- Notwithstanding the above, in case ProvenModels is held liable, Subscriber's and Guest’s right to compensation will expire if Subscriber or Guest does not submit a claim in writing to ProvenModels within twelve (12) months after the loss should have become reasonably known to Subscriber or Guest.
- The foregoing will not be binding if and to the extent that the loss is caused by gross negligence on the part of ProvenModels.
6. intellectual property rights
- ProvenModels reserves and shall be the owner or a licensed user of any and all patent, trade secret, trademark and other intellectual property rights with respect to this website, including all content.
- ProvenModels reserves any and all rights that it may have to any of its names, logos, designs and trademarks.
7. governing law and dispute resolution
- The Terms and Conditions are construed in accordance with and shall be governed by and enforced under the laws of the Netherlands.
- All disputes arising between ProvenModels and Subscriber or Guest shall be finally settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (Nederlands Arbitrage Instituut).
- The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Amsterdam. The arbitral procedure shall be conducted in the English language.
- The English language shall control these Terms and Conditions as well as all negotiations, communications and Subscriptions, in all respects.