- The website has been compiled with the greatest possible care and is kept as up-to-date and supplemented by Horeca.com as possible. Despite this, it is possible that the information and data provided are not complete or entirely correct. Horeca.com is not liable for any direct or indirect damage (including but not limited to lost turnover, profit or the loss of any other economic benefit or the loss of goods or data of any kind) that could arising from the use of the information provided on the website or otherwise related to the use of the website.
- No rights can be derived from the content of the websites, including but not limited to images, texts, videos, audio fragments and hyperlinks. Horeca.com does not provide any guarantees or guarantees regarding the suitability or soundness of a product for a specific purpose or otherwise.
- Horeca.com has the right at all times to change (parts of) the website or to have it changed or to discontinue it entirely without prior notice and without any restrictions. Horeca.com is not liable for any direct or indirect damage or other consequences resulting from changes to the website or the termination thereof, including but not limited to the inability to consult the website.
- Unless indicated otherwise, Horeca.com is in no way liable for explicitly stated information provided by third parties on its website, whether or not with the aid of linked files. The mere connection of these files does not in any way constitute an acknowledgment of the correctness of these files.
- User is responsible and liable for the use he makes of the website. Parts of the website and or its content may be protected by copyright or encumbered with intellectual property. Improper use or unauthorized use can violate the rights of third parties or violate regulations with regard to privacy law, copyright or otherwise. User hereby indemnifies Horeca.com, its employees and representatives from all judicial and extrajudicial proceedings, convictions etc. and the related costs for matters such as legal assistance and accountant costs, etc., which have been instituted by third parties as a result of or in connection with infringement rights of third parties or violations of regulations due to the use of the website by the user.
- Horeca.com has the right to deny or monitor (potential) users access to or use of the website (in part).
- Since the first version of the Internet in 1969 (the military computer network APRANET in the United States), the Internet has grown into a global mass medium that is constantly subject to change and further development. The continuous development and change also means that it is not always clear to everyone what is and what is not allowed. After all, legislation and jurisprudence regarding the internet is also subject to change.
Horeca.com closely follows jurisprudence to ensure that its web shops, which only function as storefronts, comply with all legal requirements (and interpretations thereof) and thus do not harm the interests of others. The interests of third parties mainly concern the use of a brand / brand name in the domain name and / or on the website.
Set against current prevailing jurisprudence (including Talens, Porsche and Bax) and the so-called OKI DATA criteria used in case law, the use of the domain names in combination with the associated websites is fully in line with what is permitted under trademark law and as “in society traffic befits ”.
The OKI DATA criteria concern four aspects for assessing the legitimate interest of a reseller in the use of a domain name and / or associated website. This concerns the following four criteria:
- The reseller must actually offer goods or services under the invoked trademarks under the domain name concerned.
- The reseller must only offer these goods or services under the trademarks invoked under the domain name concerned.
- The reseller may not register so many relevant domain names with the trademark that the trademark holder can no longer register a decent domain name.
- The website under the domain name in question must accurately describe the relationship between the reseller and the trademark owner.
As mentioned, case law is subject to change and the situation may arise that (in your opinion) the storefronts / web shops no longer comply with the regulations set. In that case and of course only if you are directly interested, we request that you contact us so that we can submit this to our lawyer and our trademark office if desired; and make the necessary adjustments if necessary.
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