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Terms of Service GlobalBulkShipping:

This is version 1.2 of our Terms of Service, dated 10 October 2009. Version 1.2 is effective from 10 November 2009 for current users and upon acceptance by new users. It will remain effective until the next version replaces it. We advise you to save and/or print a copy of this document for your records.

Article 1. Definitions

1.1. GlobalBulkShipping: the company registered at the Dutch Chamber of Commerce under the name GlobalBulkShipping and under the number 01156435, tax nr NL 108258191 B01.

1.2. Account: the registration details and other company data and personal data that are submitted by the User to GlobalBulkShipping and that are accessible and editable by the User through clicking on “My Account” when the User is logged in on the Website.

1.3. Content: information in the broadest sense, such as texts , images or sound, which is available through the Website.

1.4. Service: the making available of the Website and all of its functionalities by GlobalBulkShipping to the Users.

1.5. User: any person that is or has once been accepted by GlobalBulkShipping as a legitimate user of the Service.

1.6. Website: the webpages located at www.globalbulkshipping.com and/or any subdomains.

Article 2. Applicability of TOS, Disclaimer and Privacy Policy

2.1. In order to receive the Service, you must accept these Terms of Service and comply with them. You must also accept the Disclaimer and the Privacy Policy. Any use of the Service will therefore be subject to the terms and conditions set forth in those three documents.

Article 3. Acceptance of the Terms of Service

3.1. You can accept these Terms of Service, the Disclaimer and the Privacy Policy by:

a. checking the box on the electronic registration form saying “I accept the Disclaimer, the Terms of Service, and the Privacy Policy”;

b. using the Service. It should not be technically possible to use the Service fully without having checked the box, but if through any possible circumstance you are able to use the Website without having first checked the box, then the use of the service will be treated as acceptance of these Terms of Service from that point onwards.

Article 4. Prices and fees

4.1. Currently, the Service is provided to you for free. GlobalBulkShipping currently only obtains revenues from advertisements which are placed on the Website. However, GlobalBulkShipping reserves the right to eventually charge the Users a fee for the Service.

4.2. The change from free Service to paid Service will be announced on the Website at least 6 months before the change takes effect. The exact prices and payment methods for the Service will be provided on the Website at least one month before they become effective.

4.3. Unless otherwise stated, all fees are quoted in U.S. Dollars and all offers are free of engagement.

Article 5. Registration

5.1. You may only register in order to become a User of the Service, if you are a lawful representative of a company that

a. is commercially active in the shipping industry and on a regular basis either offers goods to be shipped or offers the shipping of goods;

b. is commercially active in the shipping industry and has a legitimate commercial interest in the Sale & Purchase or Chartering of ships.

5.2. By submitting the electronic registration form, you declare that all the information which submit is true, accurate and up-to-date and that you meet any and all further requirements set forth in these Terms of Service.

5.3. GlobalBulkShipping reserves the right to refuse your electronic registration when it has reason to believe that such refusal is in the best interest of GlobalBulkShipping and the Users. Such may be the case in particular when:

a. GlobalBulkShipping has reason to believe the registration details are false or incomplete;

b. GlobalBulkShipping has reason to believe that you are not actually a legitimate representative of a company that wishes to make use of the Service in a legitimate way;

c. GlobalBulkShipping has reason to believe that you have previously violated these Terms of Service or that you will do so in the future.

Article 6. Access to the Service and logging in on the Website

6.1. You may receive the Service – if and when available to you – after logging in on the Website by entering the unique user name and password that GlobalBulkShipping has given you. You may change your password at any time and how often as you like in your Account.

6.2. You are expected to keep the combination of your user name and password secret. If in any event your user name and password are entered together to log in, GlobalBulkShipping may rightly assume that it is in fact you that has done so. You understand that any acts that are carried out from the computer that is logged in on your Account, will be attributed solely to you.

6.3. If you suspect that your user name and password have fallen into unauthorized hands and you cannot log in and change your password by yourself any longer, you must notify GlobalBulkShipping as soon as possible. GlobalBulkShipping is entitled to take appropriate measures, such as provide you with a new user password and/or username.

6.4. You indemnify GlobalBulkShipping for any and all claims resulting from the unauthorized use of your user name and password insofar as such unauthorized use may be attributed to your own actions or negligence. See also article 7.1h.

6.5. You are expected to provide GlobalBulkShipping with up-to-date contact data and change such data as soon as possible whenever such may be necessary for the proper working of the Website and/or delivery of the Service. Any negative consequences of neglecting to do so are solely yours to bear.

6.6. If you have not confirmed your account or do not access or use your Account for a period of over 12 months, then GlobalBulkShipping might delete your Account in order to free up resources for other Users.

Article 7. Rules of conduct

7.1. As a User of the Service, you may not:

d. violate any laws, third party rights, or dishonor any Users;

e. post false, inaccurate, misleading, defamatory, or libelous Content on the Website;

f. distribute spam, chain letters, pyramid schemes, viruses or any other Content or technologies that may harm the legitimate interests or property of GlobalBulkShipping or the Users;

g. harvest or otherwise collect and/or process information about Users, including email addresses, for another purpose than those stated in the Privacy Policy http://www.globalbulkshipping.com/pages/privacypolicy.php without having first obtained those Users’ express consent;

h. infringe any intellectual property rights that belong to GlobalBulkShipping, its licensors, or other Users. See article 9 for more information on intellectual property rights and licensing;

i. post Content in a category or area within the Website which that Content is inappropriate for;

j. take any action that may undermine the correct functioning of the feedback or ratings systems, such as in particular posting truthless feedback;

k. transfer your Account and user name and password to another party without our consent;

l. take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;

m. interfere or attempt to interfere with the proper working of the site;

7.2. Although GlobalBulkShipping strives to uphold these rules, GlobalBulkShipping cannot be expected to prevent or even notice all violations of these rules by itself.

7.3. You indemnify GlobalBulkShipping from all claims that may result from your violation of these Rules of Conduct.

7.4. Without limiting other remedies, GlobalBulkShipping may limit, suspend or terminate any User’s Account and/or the Service in order to end, sanction or prevent abuse of the Service.

7.5. If you are aware of any violation(s) of these rules, you should notify GlobalBulkShipping thereof.

Article 8. Notice and take down

8.1. In case GlobalBulkShipping is notified that a User, by posting Content on the website, has or may have violated the rules of conduct and/or the law, GlobalBulkShipping will immediately confirm the receipt of the complaint to the complainant.

8.2. GlobalBulkShipping will as soon as possible inform the User of the complaint that has been made against him and give the User a reasonable period to reply before GlobalBulkShipping will decide about whether leave the Content, to block access to it or to remove the Content, unless the nature of the claim is such that secrecy and/or immediate measures are necessary.

8.3. GlobalBulkShipping tries to never block access to or remove more Content than is absolutely necessary to comply with an undeniably valid complaint. GlobalBulkShipping tries to be especially careful before removing Content permanently and tries to keep the legitimate interests that the User may have with this Content in mind as much as possible. GlobalBulkShipping tries to always give the User ample opportunity to store the Content on his own media, before permanently removing it.

8.4. If a User, however, repeatedly posts Content on the Website in violation of the rules of conduct and/or the law, GlobalBulkShipping may decide to limit, suspend or terminate altogether such User’s account when GlobalBulkShipping sees fit.

8.5. Whenever you make a complaint to GlobalBulkShipping about the Content and/or conduct of a User, you solemnly declare that your claims are true and indemnify GlobalBulkShipping for damages that may result from GlobalBulkShipping acting on your complaint.

Article 9. Rules regarding intellectual property

9.1. No right of intellectual property is ever transferred from GlobalBulkShipping to you or vice versa for the purpose of the Service, unless such is expressly agreed by both parties in writing.

9.2. Users are only granted a license with no more privileges than are strictly necessary in order to use the Service normally and as intended by GlobalBulkShipping. You may not sell or sublicense such license and you accept that others may obtain the same license (i.e. the license is non-transferable, non-sublicensable and non-exclusive).

9.3. Whenever you copy or make available any Content through the Website, you thereby grant GlobalBulkShipping a free license to copy and/or redistribute that Content for the purpose of the Service.

9.4. You indemnify GlobalBulkShipping from any claims that are based on your Content infringing on any rights of intellectual property.
Article 10. Liability

10.1. You will not hold GlobalBulkShipping responsible for other Users’ Content, actions or inactions, or items they list.

10.2. You acknowledge that GlobalBulkShipping is not an auctioneer. Instead, the Service merely provides a venue on which anyone in the shipping industry may make known his offer or request to trade, sell and/or buy just about any shipping industry related product or service.

10.3. GlobalBulkShipping is not involved in the actual negotiations prior fixing or closing the transaction between the Users of the Website. GlobalBulkShipping has no control over and does not guarantee the quality, quantity, safety or legality of items advertised, the truth or accuracy of users Content or listings, the ability of brokers, ship-owners, charterers to fix and trade cargoes and freight, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. GlobalBulkShipping does not transfer legal ownership of items from the seller to the buyer or between any party (e.g. brokers, owners and charterers), and nothing in These Terms of Service shall modify the contracts that Users may close with each other.

10.4. You understand that GlobalBulkShipping cannot guarantee continuous or secure access to our services and the delivery of the Service may be interfered with by numerous factors outside our control, such as but not limited to faults or viruses within the telecommunications infrastructure, the servers or the Internet.

10.5. To the extent legally permitted, GlobalBulkShipping disclaims all implied warranties. GlobalBulkShipping cannot be held liable for any loss of business, money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Service.

Article 11. Duration and termination

11.1. These Terms of Service apply to you as long as you are using the service, or until a new version of the Terms of Service replaces this one.

11.2. You may stop using the Service at any time. In order to remove your Account, you can press the ‘unsubscribe’ button in your account. You will be asked to confirm, and after this confirmation all your Content will be removed.

11.3. If you have stopped using the Service and no longer have an Account, these Terms of Service still apply to the use that you have made of the Service in the past. For instance, your indemnification for your actions as a User to GlobalBulkShipping will remain intact.

Article 12. Changes to the Terms of Service, the Disclaimer and Privacy Policy

12.1. GlobalBulkShipping reserves the right to change these Terms of Service, the Disclaimer and the Privacy Policy at any time. GlobalBulkShipping will adequately and timely inform the Users, if any changes are made which substantially influence the Users’ rights and obligations.

12.2. Whenever a new version of the Terms of Service is published on the Website, that new version will take effect:

a. for current Users one month after its publication;

b. for new Users upon their acceptance.

12.3. The Terms of Service, the Disclaimer and the Privacy Policy state the version number and the moment from which they are applicable.

Article 13. Final provisions

13.1. These terms of service shall be governed by the law of The Netherlands.

13.2. Unless mandatory rules of law prescribe otherwise, all disputes that arise with GlobalBulkShipping in connection with the Service shall be submitted to the competent Dutch court in Amsterdam.

Article 14. Contact

14.1. Should you have any queries, complaints or comments after reading, please contact GlobalBulkShipping at info@globalbulkshipping.com

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