Our Terms & Conditions of Use

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING WWW.MODSTORE.AERO. BY REGISTRERING AND USING THIS WEBSITE, YOU AGREE TO THE TERMS OF ITS USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT ACCESS OR USE WWW.MODSTORE.AERO, AND/OR DOWNLOAD MATERIAL FROM IT.

TERMS AND CONDITIONS OF USE

1. Terminology

   In these terms and conditions of use, the following terminology is used. When a word is written with a capital letter, this indicates that the following definition of the relevant word is referred to:
   
   Information:
   The information presented on the Website. This information includes, but is not limited to, text, figures, visual and audio material. 
   
   Fokker Services:
   Fokker Services B.V.
   
   User:
   The party visiting the website www.modstore.aero (including both seller and buyer).
   
   Seller:
   A party that offers products or services via the Website. 
   
   Terms and Conditions of Use:
   The present terms and conditions of use.
   
   Website:
   www.modstore.aero

2. Applicability of the Terms and Conditions of Use

   2.1 These Terms and Conditions of Use are applicable to the use of the Website by User.
   2.2. Any other terms and conditions than the Terms and Conditions of Use are not applicable and are hereby explicitly excluded.

3. Amendments to the Terms and Conditions of Use and Website

   Fokker Services reserves the right to change the Terms and Conditions of Use and the content of the Website at any time and without giving reasons. Amendments, if any, in the Terms and Conditions of Use will be shown for acknowledgement and acceptance at login on the Website

4. Registration

   4.1 Registration is a requirement for use of the Website. By registering, the User accepts the Terms and Conditions of Use.
   4.2 The User gives assurance that all data provided by him are correct. It is prohibited to register on the Website under a false identity. Each User will be screened for compliance purposes before registration can be finalized.
   4.3 The User may not register under several names simultaneously.
   4.4. The User undertakes to keep the password selected on registration confidential.
   4.5 Every membership has one administrator that is responsible for the User company profile.
   4.6. There is no entitlement to registration and usage of the Website.

5. Hyperlinks

   This Website may contain hyperlinks to websites of third parties. These hyperlinks are intended solely for your information and convenience. Fokker Services is not in any way responsible for these websites, the working and / or availability thereof or its display, or the information made available thereon. The fact that Fokker Services includes these hyperlinks does not imply or represent that Fokker Services approves endorses, authorizes, sponsors, or monitors the content or accuracy of these web sites, in any way. Fokker Services does not guarantee or warrant that third party websites, or the server, which supports such websites are free of viruses or other harmful programs.

6. Copyright, Proprietary Information and Data Protection

   6.1 For the composition, appearance, images, and content of the Website, the following applies: ©2012 Fokker Services, the Netherlands. All rights with respect to this Website belong to Fokker Services and use of this Website or parts thereof is strictly prohibited without prior written permission of Fokker Services, unless determined explicitly otherwise in the Terms and Conditions of Use. All products, technology or processes described in the Website may be subject of other intellectual property rights of Fokker Services, its affiliates or third parties. The copyrights and trademark rights of third parties are reserved."Fokker" is a registered trade mark and word mark, and the trade mark, trade name, and / or word mark may not be used without the prior written permission of Fokker Services parent company Fokker Technologies Holding B.V. This Website and all information on this Website is subject to either the intellectual or industrial property rights or licenses or other rights thereto held by Fokker Services and / or its parent company Fokker Technologies Holding B.V., and / or its affiliates, where appropriate. Nothing contained herein shall be construed as conferring by implication, or otherwise any license to any patent, trade mark, word mark, and / or other any intellectual property right of Fokker Services, Fokker Technologies Holding B.V., or that of any third party. 
   6.2 Fokker Services is free to use all information provided by the User in any communication regarding the use of, or posting on, the Website, including but not limited to, concepts, ideas, business models and know how disclosed therein, for any and all purposes, and / or surfing the Website. Such purposes may include disclosure to third parties and / or developing and / or marketing products and services.

7. Communication and trading place

   7.1 Contractual agreements for the sale of products offered via the Website are concluded solely between the User and Seller(s) of the products in question. The User cannot derive any rights from Fokker Services where it concerns the legal relationships established with other User(s) and / or between User(s) and Seller(s).
   7.2 Fokker Services is not liable for the fulfillment of contractual agreements concluded between the User and a Seller of a product and has no influence over the quality, security or lawfulness of the products offered, the truthfulness and correctness of the offers. Fokker Services does not see the product. Fokker Services recommends contacting the Seller before purchasing a product to convince oneself of the reputability of the contractual partner and the quality of its product.
   7.3 Products as offered by Seller through the Website may be subject to export controls of the European Community, United States of America and / or export controls as in place in other countries. User is responsible to ensure that all sales, transfers, re-transfers, exports, re-exports and usage of Products as offered via the Website shall comply with all relevant export controls laws and regulations, including the International Traffic in Arms Regulations (ITAR) and / or Export Administration Regulations (EAR), if applicable. By registering hereunder and when selling or buying Products as offered through the Website, User accepts, agrees and certifies that such Products will not be sold or exported or otherwise disposed of, contrary to any applicable export control law or regulation, including European Union or United States regulations. User further agrees and certifies that it shall not perform any unauthorized export, re-export or transfer of any Product to an entity or person that is on any export control restricted lists or on OFAC's Specially Designated National (SDN) List, including any entity owned 50% or more, directly or indirectly, by such SDN.

8. Warranty Disclaimer, Limitation of Liabilities and Indemnification

   8.1 Information and materials contained in this Website has been compiled by Fokker Services from internal and external sources for the sole purpose of providing general information to interested parties. This Website and all of the information it contains is provided "as is, as available" and without warranty of any kind, whether express or implied. Fokker Services disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, airworthiness, and fitness for a particular purpose.Fokker Services does not in any way guarantee or warrant (neither explicitly nor implicitly) the accuracy or completeness of the Information on the Website. Nor does Fokker Services guarantee or warrant that this Website or the server, which supports the Website are free of viruses or other harmful programs.
   8.2 Use of this Website is at User’s own risk. Insofar as permitted by law, Fokker Services does not accept any liability for injuries, expenses, losses, and/or damages (including but not limited to direct damage, indirect damage, consequential damage, loss of business, additional damage, incidental damage and particular damage, damage to net assets, loss of electronic data, loss of profit, losses incurred, loss of clients, or any other form of damage) resulting in any way whatsoever from information appearing on this Website or any other website to which this Website is or may be linked, or any use whatsoever of this Website, unless and to the extent such damage is attributable to intentional acts or omissions and/or intentional recklessness on the part of Fokker Services and/or its management.
   8.3 Fokker Services shall not be responsible for any damages arising out of the use of or inability to use the Website, or any information provided on the website, or for any claim attributable to errors, omissions, or other inaccuracies published on the Website. Fokker Services can and will not respond to or discuss any technical query for any product posted on the Website. Technical queries for Fokker Products can be raised through the appropriate channels.
   8.4 User agrees to indemnify, defend, and hold harmless Fokker Services, its predecessors, successors, parent and subsidiary corporations, affiliates, licensors, and their respective officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of the use of the Website by User, including but not limited to these out of the infringements of intellectual property rights of third parties.

9. Complaints Procedure

   If a User has a complaint about the Website and / or its content a complaint can be filed with the webmaster through the procedure on the Website, or by sending a message to info@modstore.aero. Fokker Services will review the complaint within a reasonable period of time and will at its own discretion decide whether or not to take action.
   No rights can be drawn from the filing of a complaint.

10. Termination

    Fokker Services may deny a User, or terminate User’s access to the Modstore Website at any time and for any and no reason.

11. Entire Agreement and Jurisdiction

    11.1 The terms and conditions herein constitute the entire agreement between the User and Fokker Services with respect to the use of this Website. If any provision of these Terms and Conditions of Use is invalid, void, or otherwise unenforceable, that provision is then deemed to be severable from this agreement and replaced by a valid and enforceable condition encompassing the original intention of the invalid, void or unenforceable condition encompassing the original intention of the invalid, void, or unenforceable provision as much as possible. All other provisions will remain in effect and enforceable.
    11.2 The agreement formed by the use of this Website and all disputes resulting there from, including disputes regarded as such by only one party, shall exclusively be governed by and construed in accordance with the laws of the Netherlands without giving effect to any principles of conflicts of law, and shall exclusively be settled by a court of competent jurisdiction in the district of Amsterdam, the Netherlands.