PDS Website General Terms of Use
1. Introduction
1.1 These “PDS General Website Terms of Use” are the general terms and conditions governing:
(a) your access to and use of "PDS Websites" ("our websites") being websites within the domains: pds.group, pds.nl, pds.technology, and pds.software and the services and software available on those websites (the “Services“); and
(b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (“Content“).
1.2 References in this notice to “you” are to any customer for Services and any individual user of the services and PDS Websites (and “your” should be construed accordingly); and references in this notice to “us” are to "PDS", Petrotechnical Data Systems International Holding B.V. and its Affiliates (and “we” and “our” should be construed accordingly).
1.3 The handling of personal information you transmit to PDS Websites, and the handling of personal information by Services are subject to our Privacy Policy
1.4 PDS Websites and the Services use Cookies in accordance with our Cookie Policy.
1.5 Certain PDS Websites and Services are governed by an "Agreement for Services" that contains specific terms and conditions related to use. If your use of a PDS Website or Service is governed by such an Agreement for Services, in case of conflict, the terms and conditions of that agreement take precedence over the terms and conditions set out herein.
1.6 We may ask for your express agreement to these general terms and conditions before you access our websites or upload or submit any Content or otherwise use the Services. In any case, by accessing our websites, by uploading or submitting any Content or by using any Services, you agree to the terms and conditions set out herein without limitation or qualification.
1.7 You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.
1.8 Unless otherwise stated, the contents of our websites including, but not limited to, the text and images contained therein and their arrangement are the property of PDS and subject to the PDS Copyright Notice. All trademarks used or referred to in this website are the property of their respective owners.
1.9 Where information on PDS Websites is provided free of charge, it is for informational purposes only, and does not create a business or professional services relationship between you and PDS. Links on PDS Websites may lead to services or sites not operated by PDS. No judgment or warranty is made with respect to such other services or sites, and PDS takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.
1.10 Other than in the case of a PDS Website and its Services being governed by an Agreement for Services, PDS Websites and their Content and Services are provided “as is” and PDS makes no representation or warranty of any kind with respect to those websites or any website or service accessible through those websites. PDS expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will either PDS or its third-party service providers be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with any PDS Website, any content on or accessed through any PDS Website or any service linked to, or any copying, displaying, or use thereof.
1.11 PDS maintains its Websites in the Netherlands, and you agree that, other than in the case of a PDS Website and its Services being governed by an Agreement for Services specifying an alternative legal jurisdiction, PDS Website Terms of Use and any legal action or proceeding relating to PDS Websites shall be governed by the laws of the Netherlands. If you attempt to bring any legal proceedings against PDS, you specifically acknowledge without regard to where in the world you are located, or from where in the world you visited the PDS Website, that the jurisdiction as to where such action against us may be held shall be the Netherlands, and that the laws of the Netherlands shall govern any such proceedings, if not determined to be elsewhere by an Agreement for Services.
1.12 You are responsible for complying with the laws of the jurisdiction from which you are accessing PDS Websites and using Services, and you agree that you will not access or use the information on PDS Websites or use Services in violation of such laws. Unless governed by a pre-existing Agreement for Services or expressly stated otherwise herein, any information submitted by you through a PDS Website shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
1.13 Any ideas in content disclosed to PDS outside a pre-existing and documented confidential business relationship or Agreement for Services are not confidential and PDS may therefore develop, use and freely disclose or publish content containing similar ideas without compensating you or accounting to you. By submitting an idea or other detailed submission to PDS through this website, you agree to be bound by the terms of this clause.
1.14 Current PDS Agreements for Services :
Ava Enterprise
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Ava Professional
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2. General usage rules
2.1 You must not use the Services in any way that is in contravention of any Agreement for Services between you and PDS, or that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
2.2 You must not use the Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2.3 You must ensure that all Content complies with the provisions herein.
2.4 PDS Websites and the content provided in those sites, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of PDS, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non- commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices subject to the other provisions herein
2.5 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.
2.6 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
2.7 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.
2.8 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website, save to the extent expressly permitted by this notice.
3. Unlawful Content
3.1 Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3.2 Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) constitute a breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) constitute a breach of official secrets legislation; or
(k) constitute a breach of any contractual obligation owed to any person.
3.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
4. Graphic material
4.1 Content must be appropriate for all persons who have access to or are likely to access (even inadvertently)the Content in question, and in particular for children over 12 years of age.
4.2 Content must not depict violence in an explicit, graphic or gratuitous manner.
4.3 Content must not be pornographic or sexually explicit.
5. Factual accuracy
5.1 Content must not be untrue, false, inaccurate or misleading.
5.2 Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
6. Negligent advice
6.1 Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other such advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other such advisory services.
6.2 Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
7. Etiquette
7.1 Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
7.2 Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
7.3 Content must not be liable to cause annoyance, inconvenience or needless anxiety.
7.4 You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
7.5 You must not use the Services for the purpose of deliberately upsetting or offending others.
7.6 You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
7.7 You must ensure that Content does not duplicate other content available through the Services.
7.8 You must ensure that Content is appropriately categorised.
7.9 You should use appropriate and informative titles for all Content.
7.10 You must at all times be courteous and polite to other users of the Services.
8. Marketing and spam
8.1 You must not use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
8.2 Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
8.3 You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
8.4 You must not use the Services to promote or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, “get rich quick” schemes or similar letters, schemes or programs.
9. Gambling
9.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
10. Monitoring
10.1 You acknowledge that we may actively monitor the Content and the use of the Services.
11. Data mining
11.1 You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
12. Hyperlinks
12.1 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions set out herein.
13. Harmful software
13.1 The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
13.2 The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.