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Conditions of Use Definitions 1. In these conditions, hereinafter referred to as: “Conditions of Use”, the following expressions have the meanings stated: - “Database”: the database referred to in article 1 paragraph 1 opening words and under a of the Dutch Databases (Legal Protection) Act, of which PortStorage Group is the producer and in which PortStorage Group has stored information regarding independent commercial tank storage facilities all over the world. These data are accessible to the Subscriber by electronic or other means to be agreed with PortStorage Group; - “Fee”: the amount on the payment of which PortStorage Group grants the Subscriber access to the Database; - “Subscriber”: the party with which PortStorage Group has entered into an agreement under which PortStorage Group grants the Subscriber access to the Database; - “Subscription”: the agreement between PortStorage Group and the Subscriber under which PortStorage Group grants the Subscriber access to the Database; - “PortStorage Group”: the private company with limited liability under Dutch law PortStorage Group B.V., with corporate seat in Rotterdam, listed in the Commercial Register of the Chamber of Commerce of Rotterdam under file number 24401575; - “Website”: the website to be consulted through the domain www.tankterminals.com, on which the Subscriber logs in on the Database by means of a user name assigned by PortStorage Group. Applicability 2.2 PortStorage Group is entitled to amend the Conditions of Use, also during the term of a Subscription. The current Conditions of Use can be consulted through the Website and are sent on request to the Subscriber free of charge. 2.3 Also after the expiry of the Subscription or other agreements between PortStorage Group and the Subscriber, these Conditions of Use continue to apply as long as this is required in view of PortStorage Group’s lawful interests. 2.4 Unless explicitly agreed otherwise, PortStorage Group does not assume the applicability of other conditions than the Conditions of Use. Database 3.1 All rights of intellectual property regarding the Database, prints, or other representations vested in the Database’s contents, are vested in PortStorage Group. 3.2 Although PortStorage Group aims to keep the contents of the Database and the information retrieved by a search tool as accurate and complete as possible, PortStorage Group does not offer any guarantees in this respect to the Subscriber. 3.3 The Subscriber uses the Database at his own risk and account and must verify himself if the information retrieved from the Database is correct and complete. Subscription 4.1 A Subscription is effected and comes into force as soon as the other party has expressed its will to get a Subscription electronically or in writing and PortStorage Group has confirmed the conclusion of the Subscription electronically or in writing. 4.2 PortStorage Group applies different types of Subscriptions, which are specified on its Website. All Subscriptions fall into the following two categories: a.) A Subscription at which the Subscriber, at a Fee payable in advance, has access to the Database, the extent of which is determined by PortStorage Group and during a period of time set by PortStorage Group; b.) A Subscription at which the Subscriber retrieves information from the database against the submission of credit points. Credit points will be charged in accordance with the amount of information requested from the database against a number of credit points per type of information as published on the website of PortStorage Group. After completion of the search-session, the actually used number of credit points will be determined and charged to the Subscriber at a Fee per credit point as published on the website of PortStorage Group. 4.3 Unless PortStorage Group and the Subscriber explicitly agree otherwise, the Subscription referred to in article 4.2 opening words and under a of these Conditions of Use continues by way of law always after the period of time agreed has lapsed for a period of the same duration, until one party cancels the Subscription electronically or in writing to the other party, subject to at least 1 month’s notice. 4.4 Unless PortStorage Group and the Subscriber explicitly agree otherwise, the Subscription referred to in article 4.2 opening words and under b of these Conditions of Use ends by way of law as soon as the credit points have decreased to zero points. 4.5 If PortStorage Group agrees on a trial Subscription with the Subscriber, the Subscriber will not apply for a new trial Subscription within a period of one year after the date on which the trial Subscription ended. Fee 5.1 PortStorage Group only grants the Subscriber access to the Database as soon as the Subscriber has settled, or has authorised to settle, the Fee to PortStorage Group. 5.2 If PortStorage Group and the Subscriber agree to renew a terminated Subscription or if an existing Subscription is continued, the Subscriber has to pay in advance the Fee that applies at that time for that type of Subscription, as published on the Website. 5.3 The Subscriber authorises PortStorage Group to charge the Fee due by the Subscriber in the case as referred to in article 5.2 of these Conditions of Use to his credit card or the other electronic means of payment which the Subscriber used when he first got the Subscription. 5.4 PortStorage Group is under no circumstances obliged to refund the Fee wholly or partly to the Subscriber. 5.5 The Subscriber is not obliged to set the Fee off against any claim against PortStorage Group. Use and access 6.1 Under the Subscription, PortStorage Group grants the Subscriber access to the Database for normal, careful and personal use only. 6.2 Except where explicitly allowed by the law or by PortStorage Group, the Subscriber may not publish anything retrieved from the Database and make it available to others for whatever purpose, and copy or store it in a computerized file. If the Subscriber publicly uses information retrieved from the Database, reference must always be made to PortStorage Group as the source of this information. 6.3 The Subscriber is not allowed to make available to others or to have used by others the user name and the password that PortStorage Group has granted him in respect of the secure access to the Database. 6.4 If the user name and/or the password falls into the hands of others than the Subscriber by loss, theft or any other cause, the Subscriber must report this immediately to PortStorage Group after having discovered it. 6.5 PortStorage Group immediately denies the Subscriber access to the Database if the Subscriber jeopardizes the normal use of the Database or otherwise acts in violation of the interests of PortStorage Group and/or other Subscribers, this at PortStorage Group’s sole discretion. 6.6 For the sake of the user’s convenience, the Subscriber consents to PortStorage Group using “cookies” from which Subscribers can be recognized in case they visit the Website and/or the Database repeatedly. 6.7 PortStorage Group does not guarantee that the Subscriber will be able to consult the Database at any time. Due to maintenance, repair or other reasons, PortStorage Group is entitled to shut down temporarily the access to the Database entirely or partly. 6.8 The Subscriber must obtain a hard- and software and a connection to a cable network with which he can consult the Database. Partial nullity 7. If a stipulation from these Conditions of Use or any other agreement between PortStorage Group and the Subscriber appears to be null and void, this does not invalidate the entire agreement. In that case, PortStorage Group and the Subscriber establish another stipulation to replace the void stipulation. With the new stipulation, they aim to satisfy the intentions of the original agreement as much as possible. Takeover of rights 8.1 Unless PortStorage Group has given its explicit and written prior consent thereto, the Subscriber is not allowed to transfer the legal relationship arising for it from the Subscription or any other agreement towards PortStorage Group to another party. 8.2 PortStorage Group is allowed to transfer the legal relationship arising for it from the Subscription or any other agreement towards the Subscriber to another party. Liability 9.1 PortStorage Group is not liable for damage, including, but not limited to, damage that has been the result of information stored in the Database which is incorrect, incomplete or inaccessible or rendered as a result of a search, which damage is suffered by the Subscriber because PortStorage Group fails in the fulfillment of any agreement entered into with the Subscriber or because PortStorage Group commits an unlawful act towards the Subscriber in connection with the execution of this agreement, unless this damage is the result of intent or gross negligence on PortStorage Group’s part. 9.2 If any liability of PortStorage Group towards the Subscriber were to be established, this liability is limited to the amount that is paid under the liability insurance taken out by PortStorage Group in the case in question. If this insurance does not offer any coverage, the above liability is limited to the amount of the Fee. 9.3 Rights of action from the Subscriber on PortStorage Group, on whatever grounds, including those for damage compensation, are prescribed and/or expire as soon as one year has lapsed after the moment on which the Subscriber has discovered the existence of this legal relationship or reasonably ought to have discovered it. 9.4 PortStorage Group is never liable for damage of the Subscriber that consists in lost turnover, profit or savings. Disputes and applicable law 10.1 These Conditions of Use, the Subscription and any other agreement between PortStorage Group and the Subscriber are governed by and construed in accordance with the laws of the Netherlands. 10.2 All disputes arising from these Conditions of Use, the Subscription or any other agreement between PortStorage Group and the Subscriber, if no settlement can be reached in this respect, will be submitted to the competent court in Rotterdam. Date: 1 January 2007
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