Terms of Website Use Agree
1. Information about us
The Website is operated by the Dutch Securitisation Association (the "DSA"), an association registered in the Netherlands. The DSA's registered office is Gustav Mahlerplein 29, 1082 MS, Amsterdam, the Netherlands and is registered in the Trade Register of the Amsterdam Chamber of Commerce (Kamer van Koophandel) under number 56295367.
2. access to and use of the Website
2.1 Access to the Website is permitted on a temporary basis and the DSA reserves the right to withdraw or amend the services and/or Content provided on or through the Website without notice. From time to time, the DSA may restrict or suspend access to (parts of) the Website and Content to users, or close it indefinitely if the need arises. If you breach these Terms of Website Use, the DSA reserves the right to suspend or terminate your access to the Website, or any element of the Website.
2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
2.3 You may use the Website only for lawful purposes. You may not use the Website: (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.4 You also agree not to access without authority, interfere with, damage or disrupt: (i) (any part of) the Website; (ii) any equipment or network on which the Website is stored; (iii) any software used in the provision of the Website; or (iv) any equipment or network or software owned or used by any third party.
3. disclaimers regarding the website and the content
3.1 The Website and the Content are provided on an "as-is/as available" basis for general informational purposes only. Therefore no rights can be derived from the (information and the Content on the) Website. The Content on the Website may be out of date at any given time, and the DSA is under no obligation to update such material. Any information contained on the Website or in the Content or provided through the Website should not be construed as financial, legal or investment advice, nor does it constitute any investment recommendation in respect of any financial instrument or underlying values, and it must not be relied on in connection with any investment. Use of the Website and the Content is completely for your own risk and you should consult your own financial and/or legal advisors prior to making any investment decision.
3.2 The Website, the Content and the documents available for downloading do not constitute and may not be used for the purposes of:
(a) an offer of securities or a solicitation to make such an offer to the public in the European Economic Area in the meaning of any laws or rules implementing the EU Prospectus Directive (2003/71/EC); or
(b) an offer of securities or a solicitation to make such an offer in the United States or any other country or jurisdiction in which such an offer or solicitation is prohibited, or in respect of any person in relation to whom the making of such an offer or solicitation is prohibited by law.
3.3 The information on the Website and the Content is, unless expressly stated otherwise, not intended for residents of the United States or any "U.S. person" as defined in Regulation S of the Securities Act.
3.4 Save to the extent required by any mandatory applicable law, none of the Website or the Content are subject to any warranty or condition, express or implied, including, without limitation, any warranty of merchantability, satisfactory quality, fitness for a particular purpose or use, and non-infringement. The DSA does not, nor does any member of the DSA, guarantee the accuracy, completeness or availability of any Content. In addition, the DSA does not, nor does any member of the DSA, guarantee that the operation of the Website will be error-free or uninterrupted.
4. third party Links and third party content
On the Website, the DSA may post third party content or provide links, in its sole discretion, to other websites for your convenience in locating related information and services. These websites have not been reviewed by the DSA and are maintained by third parties over which the DSA exercises no control. Accordingly, the DSA expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, this third party content and these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. You accept total responsibility for your use of the Website and any third party content you choose to access through the Website. Your sole remedy is to stop using the Website and/or the Content.
5. Intellectual property rights
5.1 All intellectual property rights, including without limitation, copyrights, trademark rights and database rights in or related to the Content (including without limitation in information, documentation, text, images, logos, photographs and illustrations) and the Website (including the lay-out and design of the Website) are the property of the DSA and/or its licensors. All such rights are reserved and subject to clause 5.2 below you may not copy, duplicate, re-sell or otherwise reproduce (any part of) the Website or the Content without the prior written approval of the DSA and/or its licensors.
5.2 The foregoing does not affect your right to print off, download and modify (extracts of) documents made available through the Website for personal and commercial use in accordance with the purpose for which they are made available and to draw the attention of others within your organisation to material posted on the Website. You are hereby granted a limited non-exclusive, revocable licence to do the foregoing.
5.3 You may not link to the home page of the Website from a website owned by you without prior written permission from the DSA. Such linking must be done in a manner that is fair and legal and does not damage the reputation of the DSA or take advantage of it and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of the DSA where none exists. The Website must not be framed on any other website, nor may you, after having obtained prior written permission, create a link to any part of the Website other than the home page. The DSA reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
5.4 If you wish to make any use of material on the Website other than that set out above, please address your request to firstname.lastname@example.org.
6. Exclusion of liability
The use of the Website and the Content is for your own risk. The DSA, its members, its affiliates, any third-party providers, their directors, officers, shareholders, employees or agents hereby exclude all liability in relation to the (use of the) Website and the Content to the fullest extent permitted by law including without limitation in relation to any inaccuracy, incompleteness, incorrectness, untimeliness or non-availability of the Website and/or the Content or any third party content. The DSA, its members, its affiliates, any third-party providers, their directors, officers, shareholders, employees or agents shall not be liable for any type of damages including any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, loss of profits, data, opportunity, savings or interest) or any penalties imposed in connection with and/or as a consequence of (any use of) the Website and the Content, even if advised of the possibility of such damages.
8. Jurisdiction and applicable law
All matters relating to your access and use of the Website and Content shall be governed by the laws of the Netherlands. All disputes arising in connection with such access and use shall be submitted to the competent court in Amsterdam
9. Your concerns and removal of information
Should you, despite all care and attention being paid to the Website and/or the Content, encounter any material on the Website and/or the Content of which you are of the opinion that this infringes your rights or which you consider to be otherwise unlawful, you can file a written substantiated request to email@example.com in order to have this information removed from the Website and/or the Content. If you have any other concerns about material which appears on the Website and/or in the Content, please contact firstname.lastname@example.org.
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