The Kalmar Nyckel Foundation is a qualified 501(c)(3) Delaware not for profit corporation (together with its members, trustees, officers, agents, employees, volunteers, consultants, independent contractors, advisors, successors, and assigns, collectively “Kalmar Nyckel”). The Kalmar Nyckel:
Kalmar Nyckel maintains this World Wide Web Site with its home page in the domain "www.KalmarNyckel.org" (the "Website"). Kalmar Nyckel offers access at no charge to any person who uses or accesses this Website with the express condition that they agree to be bound by this Terms and Conditions of Use Notice ("Notice"). By using or accessing this Website, you agree to be bound by this Notice.
TRADEMARKS. Kalmar Nyckel, tagline, and other marks, logos, and products and services described in this Website are either the intellectual property of Kalmar Nyckel, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kalmar Nyckel. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Kalmar Nyckel, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kalmar Nyckel. All other trademarks, registered trademarks, product names and company names or logos not owned by Kalmar Nyckel that appear in this Website are the property of their respective owners.
COPYRIGHTS. All copyrights in the Website materials, including, without limitation, Kalmar Nyckel logo, design, text, graphics, articles, other files, and the selection and arrangement thereof are the property of The Kalmar Nyckel or its third-party suppliers. You may electronically copy and print hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial use only. Any other use of the materials in this Website, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Kalmar Nyckel, is strictly prohibited.
FORUMS AND INTERACTIVE AREAS. This Website may include discussion forums or other interactive areas, including bulletin boards and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. By using any forum or interactive area, you agree not to do any of the following:
Kalmar Nyckel reserves the right, in its sole discretion, to remove or edit any Content that violates these provisions or is otherwise objectionable. You shall remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Website.
Kalmar Nyckel takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party. Kalmar Nyckel takes no responsibility and assumes no liability for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you may encounter on this Website.
COPYRIGHT INFRINGEMENT POLICY. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, you should notify Kalmar Nyckel of your copyright infringement claim in accordance with the following procedures:
Kalmar Nyckel will process notices of alleged infringement that it receives and will take appropriate action as required under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringements be sent to Kalmar Nyckel's Designated Agent:
To be effective, the notification must be in writing and contain the following information:
HYPERLINKS. This Website may contain hyperlinks to external websites operated by parties other than Kalmar Nyckel. Such hyperlinks are provided for your reference and convenience only. Kalmar Nyckel does not control such websites and is not responsible for their contents. Kalmar Nyckel's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
INDEMNIFICATION. You agree to indemnify and hold harmless Kalmar Nyckel from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
DISCLAIMER. This website and the material in this website are provided on an "as is" basis without warranties of any kind, either express or implied. Kalmar Nyckel disclaims all warranties, express or implied, including, but not limited to implied warranties or merchantability, fitness for any particular purpose, title and non-infringement. Kalmar Nyckel does not represent or warrant that materials on this website are accurate, complete, reliable, current, or error-free. The Kalmar Nyckel does not represent or warrant that this website or its server are free of viruses or other harmful components.
LIMITATION OF LIABILITY. In no event shall Kalmar Nyckel be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise arising out of or in any way connected with the use of this website or the materials contained on, or accessed through, this website.
GENERAL. You acknowledge that the Website is based in the U.S.A., and that all legal actions between you and Kalmar Nyckel that are related to this Notice: (a) shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of law principles thereof, and (b) shall be instituted in a state or federal court in Wilmington, Delaware.
If any provision of this Notice is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Did you know: That Dutch sailors made up a majority of the crew on Kalmar Nyckel's first voyage to Delaware?