Terms of Use

Terms of Use

MYDELTARES WEBSITE TERMS & CONDITIONS OF USE

You can print and file this MyDeltares websites Terms & Conditions Of Use, e.g. prior to accepting these terms and conditions.
  1. Terms and Conditions.
    1. These Terms & Conditions of Use ("Terms”) is a legal agreement between the prospective user, either an individual or a legal entity, hereinafter “User” and Stichting Deltares, having its registered office and principal place of business at Boussinesqweg 1, 2629 HV Delft, registered with the Chamber of Commerce and Industry of The Netherlands under number 41146461 (hereinafter called: “DELTARES”)  for the use of the MyDeltares website and connected products and services (each and jointly “MyDeltares”).
       

    2. By checking the I Agree checkbox and by entering, linking into, downloading content form, or in any way making use in any sense whatsoever of MyDeltares:
       
      1. You expressly declare being authorized to act on behalf of User for the purposes of accepting these Terms;
      2. User expressly accepts these Terms and accepts to be legally bound by the terms and conditions contained therein.
         

      If you are not authorized to act on behalf of User to agree upon these Terms, please exit the MyDeltares website windows by clicking the  “X” button in the top-right hand corner of each window. Furthermore exit MyDeltares if User does not agree with the Terms.

      You are not allowed to use MyDeltares without an agreement with DELTARES. If you do not agree to these Terms, you must promptly stop using MyDeltares. Any further actions with respect to MyDeltares without an agreement with DELTARES are in violation of copyright law.  Use of MyDeltares implies acceptance of these Terms.

    3. DELTARES reserve the right to modify these Terms at any time and without notice, and it is User’s responsibility to review these Terms for any changes. An updated copy of these Terms can be found here: Terms-of-use
       

    4. Without prejudice to any other rights, DELTARES may terminate these Terms, with or without cause. Any such termination may involve canceling or renaming User’s account(s), and/or blocking User from access to MyDeltares.
       

    5. DELTARES reserves all rights not expressly granted to User in this Terms.
       

  2. Use of MyDeltares
    1. MyDeltares enables User to create an account with DELTARES required for access to and use of specific MyDeltares websites for specific products and services.
       

    2. Some of the MyDeltares websites allow User to share content (including, but not limited to, blogs, postings and feeds) (the "Content"). User consents to DELTARES’ use of the Content, and User represents that User owns all the rights to or have secured the necessary authorizations for the use of the Content.
       

    3. For use of specific products and services at MyDeltares websites additional terms and conditions may apply. DELTARES will request User’s prior explicit agreement with such terms and conditions. An example are software license user terms and conditions. Without consent to such terms and conditions User will not be able to use these products and services.
       

    4. DELTARES reserves the right to modify the content of, or restrict access to, MyDeltares at any time, with or without notice.
       

    5. User may not reverse engineer, decompile or disassemble MyDeltares.
       

  3. Conduct.
    User agrees for all MyDeltares websites allowing to share Content:

    1. Not to post, share or otherwise transmit any content that is unlawful, obscene, harmful, threatening, or defamatory, or that contains objects or symbols of hate, invades the privacy of any person, or is otherwise objectionable;
       

    2. To respect the privacy of others, and not to post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or spam;
       

    3. Not to harass any other user of MyDeltares, or to impersonate any other person by any means;
       

    4. Not to engage in any conduct that would interrupt, destroy, limit, or harm either DELATRES or any other person, including by use of virus, malicious code, program or file; and
       

    5. Not to reproduce, copy, sell or commercially use, in whole or in part, any service provided by MyDeltares.

     

  4. Disclaimer of Warranty and Liability
    Subject to any deviating agreed terms for specific products or services at MyDeltares,

    1. all content on this site is provided "as is" and without warranty of any kind. User agrees that User’s use of MyDeltares is at User’s sole risk; and
       

    2. to the fullest extent permitted by law, DELTARES and its representatives disclaim all warranties, both express and implied, in connection with MyDeltares and the use thereof. DELTARES makes no warranties or representations concerning the accuracy of MyDeltares' content, or the content of any related site; and
       

    3. DELTARES assumes no liability or responsibility for: (a) any interruptions of service to or from this site, (b) viruses, trojan horses, or related agents that may be transmitted through the use of this site, or (c) for any loss or damage of any kind incurred as a result of the use of this site or any content contained therein.
       

  5. Exclusion of Damages.
    To the maximum extent permitted by applicable law, in no event will DELTARES be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of User’s use of MyDeltares, or otherwise under or in connection with this Terms.
     

  6. Limitation on Causes of Action.
    User and DELTARES agree that any cause of action arising out of or related to MyDeltares must commence within one year after the cause of action accrues. Otherwise, such cause of action will be permanently barred.
     

  7. Registration Forms
    The Site contains registration forms and other means that require that User submits for personal information, including account names. Providing personal information through these registration forms and our use thereof is subject to a separate ‘Privacy Statement of MyDeltares Website’ to be consented with prior to any access. User represents and warrants that all information provided by User is complete and accurate.|
     

  8. Additional Rights.
    We reserve the right to combine the non-personal information – which is subject to the Privacy Statement of MyDeltares Website - we collect on MyDeltares with information collected from other sources, including the right to make derivative works from Content, and to publish those works.
     

  9. Links to Other Sites.
    MyDeltares may provide links to other websites. We have no control over, and assume no responsibility for, the practices of any third-party sites, and we are not responsible for any damage or loss caused in connection with the use of any other sites or their content. Additionally, we are not responsible for the information gathering and dissemination practices of any other sites, and these Terms do not apply to any other websites.
     

  10. Assignment.
    These Terms, and any rights granted hereunder, may not be transferred or assigned by User.
     

  11. Indemnity.
    User agrees to defend, indemnify and hold DELTARES and our customers harmless from any and all damages and costs, including reasonable attorneys' fees, arising out of or related to User’s breach of this Terms. User agrees to execute and deliver documents to us, upon our request, that evidence or effectuate our rights under this Terms. This indemnity will survive this Terms and User’s use of MyDeltares.
     

  12. Governing Law, Venue and Jurisdiction.
     
    1. User agrees that MyDeltares is solely based in The Netherlands, that MyDeltares does not give rise to jurisdiction over DELTARES, either specific or general, in jurisdictions other than the Netherlands.
    2. Netherlands law will govern any claims relating to MyDeltares or the content therein, without regard to conflict of laws provisions. By using MyDeltares User consents to the exclusive jurisdiction of courts based in the Netherlands, for any litigation relating to MyDeltares or the content therein.
     
  13. Entire Agreement; Severability.
    These Terms supersedes and replaces any prior agreements or understandings and sets forth the entire understanding between User and DELTARES with respect to the subject matter herein, and supersedes all oral and written communications, proposals and representations with respect to MyDeltares. If any provision of these Terms is held invalid, void, unenforceable or illegal, the remaining provisions of these Terms will continue in full force and effect.
     
  14. Contact Information.
    If You have questions about the Terms, please contact DELTARES at: MyDeltares@deltares.nl,
    or
    Deltares
    P.O. Box 177
    2600 MH Delft
    tel: +31 (0)88 335 8273 (between the hours of 8.00 and 17.30 CET).

    Stichting Deltares has its Statutory seat at Boussinesqweg 1, 2629 HV Delft and is registrated in the commercial register of the chamber of commerce under number 41146461. You can contact us under 0031-(0)88-3358273 or info@deltares.nl.