1. Applicability
The website www.thedefiningtension.com (a.k.a. http://thedefiningtension.typepad.com) (together: "TDT") is a venture of the Editors as named on TDT. By accessing or using TDT, you agree to the applicability of these terms and conditions (the "Terms and Conditions"). The Terms and Conditions apply to all visits to and use of TDT, as well as to all information, recommendations and/or services provided to you on TDT, regardless of whether it originates from the Editors or someone else (the "Information"). The Editors may amend the Terms and Conditions from time to time (date of last amendment: June 6, 2009). You are advised to regularly read the Terms and Conditions for possible changes. You can save and print the Terms and Conditions by using the relevant menu items in your browser or, if for some reason this does not work, copy-pasting the text of the Terms and Conditions in a text editor and subsequently saving and printing the text by using the relevant menu items in your text editor. The Terms and Conditions are also available for inspection at Strawinskylaan 1999, Amsterdam, the Netherlands. If you wish to receive a hardcopy of the Terms and Conditions, please send an e-mail with your address to the Editors.
2. Information
TDT is published by and reflects the personal views of the Editors. It does not necessarily represent the view of any law firm one or more of the Editors is/are engaged with or its clients, and is not sponsored or endorsed by them. The Information is for general information purposes only; it is not intended to be - and you should not rely on the Information as - a source of legal advice, it is not provided in the course of an attorney-client relationship, and no rights can be derived from it. No representation is made about the accuracy or timeliness of the Information. The Editors may update topics on TDT subsequent to initial posting, or make changes to or restrict access to TDT and the Information, at any time and without prior notice. No assurance is given that any correspondence, via e-mail or otherwise, between you and the Editors resulting from your receipt of the Information will be secure or treated as confidential or privileged.
3. Privacy Statement
This privacy statement (the "Statement") is also published under Privacy Statement. The Editors may amend the Privacy Statement from time to time (date of last amendment: December 16, 2008). You can always see the latest version by clicking on Privacy Statement. We advise you to check the Privacy Statement regularly and, in any event, whenever you provide us with personal data. For the privacy policy of the respective service providers used by TDT, as applicable due to your visit to TDT, reference is made to the respective publications on www.typepad.com (TypePad powers TDT) and www.google.com (Google facilitates the search engine on TDT).The privacy policy of these service providers is applicable due to your visit to TDT. The Editors are not responsible for the privacy policy and/or for the use of your - personal - data by these service providers, nor for the privacy policy and/or for the use of your - personal - data by any external website to which TDT provides a link.
When you visit TDT some data relating to you will be registered, including the Internet Protocol address used by you to visit TDT and search queries submitted on TDT (if any). The Editors will, however, not use this information to identify you personally. The Editors will obtain personal data - such as your name, your address and/or your e-mail address - if you add a comment on TDT and/or send the Editors a message, either directly or through TDT and either by e-mail or otherwise. If you add a comment on TDT and/or send the Editors a message, the Editors may use personal data for the purpose of responding to your comment or message. The Editors have the intention to respond to most reader messages, but will ignore spam, obsenity, ad hominem attacks, or the like. Unless you inform the Editors otherwise, the Editors may quote from your message on TDT but will not refer to you by name on TDT. Although comments and reader messages are moderated and may be edited or deleted, the Editors bear no responsibility for comments or reader messages placed on TDT.
By visiting TDT - and entering content, for example by submitting comments - you may receive cookies; most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent (however, some features and services may not function properly if your cookies are disabled). The Information, including any personal information and/or comments and/or messages intended by you to be placed on TDT, may be accessible worldwide to internet search engines; by sending to TDT and/or the Editors any personal information and/or comments and/or messages intended by you to be placed on TDT, you accept that your personal information and/or comments and/or messages placed on TDT may be accessible worldwide to internet search engines.
The Editors may use any of the above - personal - data to the extent required for proper management of TDT, to improve TDT and/or for statistical analysis. You hereby provide an irrevocable, world-wide, non-exclusive and transferable license to the Editors to do any of the foregoing. Insofar applicable, the foregoing also applies to trackbacks to external websites. The Editors will take appropriate security measures to protect personal reader data that they hold against loss or any form of unlawful processing. You have the right to request the Editors to inform you of what personal data they hold relating to you and to request that such personal data are corrected, supplemented, deleted or blocked. Please address any requests for information/changes to the Editors
4. Limitation of Liability
The Editors, as well as TDT's service provider(s) and official partner(s), shall not be liable for any damages resulting from or related to the use of - or inability to use - TDT and the Information, including damages caused by viruses or any incorrectness or incompleteness of the Information, or links provided by TDT to external websites or links to TDT provided by external websites, regardless of the legal ground on which liability is based.
5. Intellectual Property
Unless otherwise indicated, all rights to TDT and the Information, including copyrights, moral rights and database rights, are owned by the Editors or their licensors. Users are permitted to read TDT and the Information and make copies for their own personal use only, for example by printing or storing it. All other use of TDT or the Information, for example the storage or reproduction of - a part of - TDT in any external website, is prohibited without the express written consent of the Editors.
6. Unsolicited Ideas
In the event you post unsolicited ideas and/or materials in whatever form and whether consisting of texts, images, sounds, software, information or otherwise (the "Materials") on TDT or send these to the Editor by e-mail or otherwise, the Editors shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and the Editors shall not be bound by any confidentiality obligation in respect of such Materials. You hereby indemnify and hold the Editors harmless from and against all actions, claims, liabilities, costs, losses and damages suffered, incurred or sustained by the Editors as a result of the use and/or exploitation of the Materials infringing the rights (including intellectual property rights) of any third party or otherwise being unlawful towards a third party.
7. Severability
If the Terms and Conditions are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of the void part as much as possible, taking into account the content and the purport of the Terms and Conditions.
8. Applicable Law and Jurisdiction
The Terms and Conditions shall be governed exclusively by Dutch law. All disputes arising in connection with TDT, the Terms and Conditions and disputes concerning the existence and validity thereof, shall be resolved exclusively by the competent courts of Amsterdam, the Netherlands.
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