Website terms of use

Please read this entire agreement carefully

Welcome to the SubseaWellResponse.com website. The Subsea Well Response Project (SWRP) is an initiative of nine major oil companies (the “SWRP Participants”), who have come together to assess, design and develop or arrange availability of equipment to respond to major well control incidents. This website is owned and operated by the operator of the SWRP, Shell Petroleum Development VIII B.V. (hereafter “SPD VIII”), a company having its registered office at Carel van Bylandtlaan 30, 2596 HR The Hague, The Netherlands.

SPD VIII provides this website and other related or linked SWRP sites (the “SWRP Website”) and certain services, interfaces and functionality on or via the SWRP Website (the “Services”) to you subject to your agreement to comply with the following terms of use (the “Use Terms”). Your use of the SWRP Website or the Services will constitute your acceptance of the Use Terms. Once accepted, the Use Terms will constitute a binding agreement between SPD VIII and you governing your use of the SWRP Website or Services (the “Agreement”). If you are not willing to abide by the Use Terms, do not use the SWRP Website or the Services.

Nothing in the material contained on the SWRP Website is intended to override the corporate separateness of the individual SWRP Participants or their affiliates. For convenience and simplicity, terms like “our”, “we” and “its” are sometimes used on the SWRP Website site as abbreviated references to SPD VIII, or where no useful purpose is served by identifying any particular SWRP Participant. Similarly, each individual SWRP Participant has business relationships with many customers, suppliers, governments, and others. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

1) Changes and special additional terms and conditions

SPD VIII may revise the Use Terms at any time without notice. You should revisit the SWRP Website periodically to make sure you are aware of the most recent Use Terms because they will be binding on you. Your use of the SWRP Website or Services after such changes constitutes your agreement to such changes.

You are advised to check each page you visit on the SWRP Website. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.

2) Use of the SWRP Website

A. Site Security. You are prohibited from violating, or attempting to violate, the security of the SWRP Website or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the SWRP Website and Services include, without limitation, the following:

  • logging into or attempting to log into a server or account that you are not authorized to access;
  • accessing data or taking any action to obtain services not intended for you or your use;
  • attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
  • tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
  • transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the SWRP Website or Services;
  • interfering with, intercepting or expropriating any system, data or information; or
  • interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.

B. “Spam” and similar actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).

C. Infringement. You are prohibited from using the SWRP Website or Services to infringe any person’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the SWRP Website and Services if we believe you are using the SWRP Website and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.

D. Other prohibited actions. In using the SWRP Website or Services, you must not:

  • post, e-mail, link or otherwise transmit or use the SWRP Website or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that SPD VIII in its sole discretion does not wish posted or transmitted on the SWRP Website and Services;
  • continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
    engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to any criminal or civil liability;
  • engage in conduct which could damage or impair the intended operability of the SWRP Website or the Services;
  • impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
  • engage in deceptive online marketing; or
  • assist or permit any persons in engaging in any of the activities described above.

E. Your content. You must exercise caution, good sense and proper judgment in using the SWRP Website and Services. You are responsible for any material you place on or transmit to or through the SWRP Website or Services. You agree, represent and warrant that any information you post to or transmit through the SWRP Website or Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

F. Use at own risk. You agree that use of any information obtained via the SWRP Website or Services is at your own risk.

G. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the SWRP Website and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the SWRP Website and Services any manner.

H. No licensing. By your use of the SWRP Website or the Services you receive no licence, express or implied, under any patent rights, trade secret rights or other proprietary rights now or hereafter, owned, controlled or possessed by SPD VIII, any of the other SWRP Participants, or SDP VIII’s or such other SWRP Participants’ affiliates.

I. Printing. You may download and print one copy of content on the SWRP Website for your personal non-commercial use, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of the SWRP Website.

3) Trademark and copyright

The SWRP Website contains trademarks. The SWRP trademark and logo are the property of SPD VIII. Shell, the Pecten, and all other Shell-related trademarks appearing on the SWRP Website are the property of Shell Brands International AG, or its affiliates, and have been licensed to SPD VIII. Third party trademarks appearing on this website are the property of their respective owners and have been licensed to SPD VIII by the owners of such trademarks for use on the SWRP Website.

You may forward, distribute, and/or photocopy copyrighted materials located on the SWRP Website only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a website.

4) Privacy statement

Personal details provided to through the SWRP Website will only be used in accordance with the SWRP Website Privacy Policy. Please read this policy carefully before going on. By providing your personal details to through the SWRP Website you are consenting to their use in accordance with the SWRP Website privacy policy.

5) No warranty

The SWRP Website and Services are provided “as is” and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, SPD VIII disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose and non-infringement. SPD VIII does not represent or warrant that the functions or Services contained in the SWRP Website will be uninterrupted or error-free, that defects will be corrected, or that the SWRP Website or the server that makes the SWRP Website available are free of viruses or other harmful components. SPD VIII does not make any warranties or representations regarding the use of contents of the SWRP Website or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.

6) Limitation of liability

The information contained on the SWRP Website is not comprehensive. Despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions (other than fraudulent misrepresentations) in the SWRP Website and any decisions you make based on the information contained in the SWRP Website are your sole responsibility. Neither SPD VIII, nor any of the other SWRP Participants, nor any of SDP VIII’s or the other SWRP Participants’ affiliates, shall be liable to you or any other party for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, use of, or the inability to use, the SWRP Website, the Services or the contents on the SWRP Website or the performance of the SWRP Website, Services or products described on the SWRP Website, even if SPD VIII has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

If you are dissatisfied with any portion of the SWRP Website or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the SWRP Website and the Services.

7) Non-confidentiality of user materials

You are not to transmit any material to or through the SWRP Website that you consider to be confidential or proprietary. Except for any personally identifiable information we may collect from you pursuant to the SWRP Website Privacy Policy, any material which you transmit to or through the SWRP Website will be considered non-confidential and non-proprietary, irrespective of any statements, markings, or other indicia to the contrary. Except as expressly provided in the SWRP Website privacy policy or separate written agreement between you and SPD VIII, you give SPD VIII and the other SWRP Participants an unrestricted, irrevocable, worldwide, royalty-free, sublicensable licence to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that SPD VIII and the other SWRP Participants have the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the SWRP Website.

8) Use of third party websites

As a convenience, SPD VIII may provide hyperlinks to websites operated by third parties. Any such hyperlink does not signify that SPD VIII, or any of the other SWRP Participants has reviewed or approve of the connected third party’s website or its contents. If you decide to access a third party’s website through a hyperlink provided by the SWRP Website, you do this at your sole risk. SPD VIII is not responsible for any viruses or other damaging elements encountered in linking to a third party website and makes no warranty or representation regarding and if not responsible for the linked websites or the content of such websites.

9) User communications areas

The SWRP Website may contain areas where users communicate with each other, including but not limited to bulletin boards, calendars, chat areas, blogs or personal web pages. SPD VIII has the right but not the obligation to monitor or review any part of the SWRP Website or the Services including the user communication areas. However, SPD VIII shall have no liability related to the content of any communications made in these areas.

10) Export controls

Portions of the SWRP Website and Services may be controlled and operated from various offices in different countries in the world, including amongst others, the United States. SPD VIII makes no representation that the SWRP Website, Services or materials accessed or described on the SWRP Website are appropriate or available for use in the country from where you are accessing the SWRP Website and/or Services. Access to the SWRP Website and Services from countries where there contents are illegal or penalized is prohibited.
Those who access the SWRP Website or Services so do on their own and are responsible for compliance with all applicable laws. You may not export or re-export any Services, information or materials accessed on or described on the SWRP Website except in full compliance with all applicable laws and regulations. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the SWRP Website, Services, information, or materials accessed or described on the SWRP Website.

When submitting information to us, you must first ensure that the information you submit to us is not subject to any trade control restrictions (including, but not limited to US Export Control Laws). By submitting information to us, you certify that the information is not restricted by any trade controls (including, but not limited to US Export Control Laws).

11) Indemnity of SPD VIII and the other SWRP Participants

You agree to indemnify, hold harmless, and defend SPD VIII (including subsidiaries and affiliates of SPD VIII), the other SWRP Participants (including subsidiaries and affiliates of the other SWRP Participants), as well as their officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account, of the terms and conditions of this Agreement.

12) Applicable law and dispute resolution

This Agreement is governed by and to be interpreted in accordance with English law and in the event of any dispute arising in relation to this Agreement or any dispute arising in relation to the SWRP Website, whether in contract, or tort (including negligence), or otherwise, the English courts will have exclusive jurisdiction over such dispute. In the event that any or any part of the terms contained in this Agreement shall be determined by any competent authority to be invalid, unlawful or enforceable, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

13) How to contact us

If you have any questions or concerns about the online statement for the SWRP Website or its implementation you can contact us via our contact page.