TERMS OF USE

 

This Terms of Use Agreement (the “Agreement”) is made by and between Business Media Europe, Ltd. (together with its Affiliates, “BME”), and you (personally or on behalf of your employer, as applicable) (“You”). “Affiliates” means an entity controlled by, under common control with, or controlling such entity, where control is denoted by having (directly or indirectly) more than fifty percent (50%) of the voting power (or equivalent) of the applicable entity.

This Agreement governs Your access to and use of this website (this “Website”) and all related software, content, tools, technology, support, and services, including Gefera Connect, and all BME mobile applications (together, the “BME Services”). BME Services includes without limitation all Content (as defined below). You or Your employer may have negotiated different terms in a separate signed agreement with BME, in which case such terms shall control to the extent they conflict with this Agreement.

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in this Agreement, you may not enter into this agreement or use the BME Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the BME Services, you may not enter into this Agreement or use the BME Services. By accessing or using this Website or any other BME Services you are explicitly stating that you have verified in your own jurisdiction that your use of the BME Services is allowed, and you are agreeing to be bound by the terms of this Agreement.

PRIVACY POLICY: We may collect certain information about you and from your access to and use of the BME Services as described in our Privacy Policy, which is incorporated into Agreement and describes our information collection, use, and sharing practices.

ARBITRATION NOTICE: This Agreement contains a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between You and BME will be resolved by mandatory binding arbitration.

BME makes no representation that materials in this Website or the BME Services are appropriate or available for use in all locations. Those who choose to access the Website or the BME Services do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. BME reserves the right to limit the availability of the Website or the BME Services, including materials or other products described or offered thereon, to any person, geographic area, or jurisdiction BME so desires, at any time and in BME’s sole discretion.

1. Access to and use of the Website

You are entitled to use our Website for business or private purposes. To access the Website or the BME Services, as well as associated resources, You may be asked to provide certain registration details or other information. You represent and warrant that (i) all of the information You provide to or through the Website or the BME Services will be correct, current, complete and not misleading, and (ii) you will maintain and update your information to keep it accurate, current and complete. If BME believes the information You provide is incorrect, not current, incomplete or misleading, BME may suspend or terminate this Agreement and Your access to the Website, the BME Services or the Content at any time.

You may only use the Website, the BME Services and the Content pursuant to this Agreement and the applicable specifications and documentation. You warrant that You will not use the Website, the BME Services or the Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

BME reserves the right to restrict the advertising and promotion of products that are regulated by federal, local, or foreign laws or regulations.

2. User Conduct

The Website and the BME Services may contain forums, virtual meeting tools, technologies, and solutions, chat areas, personal web pages, calendars, and other message or communication facilities designed to allow You to communicate with the Internet community or with a group (collectively, “Networking Services”). You are solely responsible for all content that you upload, post, email, send, transmit, display, provide, or otherwise disseminate using, or in connection with, the Networking Services, or that you contribute in any manner to the BME Services.

BME reserves the right, but shall not be obligated, to monitor use of the Website and the BME Services (including, without limitation, to observe virtual meetings in real time and otherwise access the networking services) to determine compliance with this Agreement, to resolve issues, and to evaluate the user experience, as well as the right to remove or refuse any information for any reason.

BME cannot and does not assure that other users are or will be complying with the foregoing code of user conduct for the communication services or any other provisions of this agreement, and, as between you and BME, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

3. Term

This Agreement is effective and will remain in full force and effect so long as You continue to access or use the BME Services, the Website, or the Content (the “Term”). Your access to the certain BME Services may be limited to a period time as specified at the time of registration.

BME reserves the right, in its sole discretion and for any reason, to terminate or suspend Your access to or use of the Website, the BME Services and the Content, or any portion thereof, at any time and without notice or liability. Upon such termination or suspension, You must immediately (i) discontinue the use of the Website and the BME Services, and (ii) destroy any copies You have made of any portion of the Content. You acknowledge that You are aware that your access to the Website, the BME Services and the Content may be terminated or suspended at any time, and that You alone (and not BME) bear all responsibility for backing up any and all of Your data.

4. Confidentiality

1. Definition. “Confidential Information” means any information, technical data, or know-how, including, but not limited to, that which relates to research, product plans, products, services, customers, markets, pricing, customer lists, reports, contract terms, software, developments, inventions, processes, designs, drawings, engineering, hardware or software configuration information or user interfaces, marketing, organization, business or finances of or relating to either party to this Agreement or any third party, or any information obtained in confidence or in trust from a third party. Confidential Information of BME shall also include, without limitation, the BME Services (including any associated software or user interface) and any information which You know or should reasonably understand to be confidential. Confidential Information of BME does not include information, technical data or know-how which (i) is already in Your possession without obligations of confidentiality at the time of its disclosure by BME; (ii) is or becomes part of the public knowledge without breach of confidentiality obligations; or (iii) is approved by BME, in writing, for public release.
2. Confidentiality Obligations. Except as expressly set forth in this Agreement, You will not use in any way for Your own account or the account of any third party, nor disclose to any third party, any Confidential Information of BME. You shall at all times maintain such Confidential Information of BME in confidence in the same manner and to the same extent as You protect Your own most confidential information (which shall in no event be less than a reasonable degree of care). Upon the termination of this Agreement, You shall promptly return to BME or delete all copies of any Confidential Information of BME in Your possession.

5. Disclaimer of warranties

Your use of the website, the BME services, the content and any product promoted on or through the website or the BME services (a “product”) is at your own risk. The website, the BME services and the content (including without limitation any content regarding any product(s)) are provided “as is” and “as available” and without warranties of any kind, whether expressed, implied, or otherwise. BME disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non- infringement, as well as any arising by operation of law or from a course of dealing or usage in trade, and no warranties are made relating to the website, the BME services, the content or any product(s).

BME does not represent or warrant that the functions or content contained in the website or the BME services will be uninterrupted, accurate, or error-free, that defects will be corrected, or that the website or the BME services or the servers that make them available are free of viruses or other harmful components. BME does not warrant or make any representation regarding use, inability to use, or the result of use, of the website, the BME services or the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors.

You acknowledge and agree that the BME services and access thereto may be subject to limitations, delays, and other problems inherent in the use of the internet (including your internet connection), wireless networks, telecommunications, computer equipment, and electronic communications. BME is not responsible for any delays, inaccuracies, delivery failures, or other failures or damage resulting from those problems or any other problems outside of BME’s reasonable and direct control, including without limitation telecommunications services, the internet, your internet connection, wireless networks, computer equipment, and any third-party software or services.

BME does not supply any devices, hardware, or equipment used in connection with the BME services (including the communications services) and thus BME does not and cannot provide any warranties, representations, or guarantees with respect to the compatibility, interoperability, quality, or usability of any devices, hardware, or equipment used in connection with the BME services.

You, and not BME, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the website, the BME services or the content. BME further makes no warranties as to the accuracy of any BME services or content accessed from any BME website, third party websites or otherwise obtained by you.

6. Limitation of liability

BME and its affiliates, licensors, service providers, content providers, employees, contractors, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, general, special, exemplary, or other damages, including loss of revenue or income, loss of data, pain and suffering, emotional distress, or any other damages, even if BME has been advised of the possibility of such damages. BME does not assume any liability or responsibility for the completeness, accuracy, or usefulness of any of the content provided on the website or the BME services. In no event will the collective liability of BME and its affiliates, licensors, service providers, content providers, employees, contractors, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort (including negligence), or otherwise) exceed the greater of EUR 100 or the amount you have already paid to BME for the applicable website or the applicable BME services out of which liability arose in the 12 months preceding the events giving rise to such damages.

7. Third-Party Links

The Website or the BME Services may contain links to, or be linked to, third-party websites and services which are not maintained by, or related to, BME. Links to such websites and services are provided as a service to users and are not sponsored by or affiliated with the Website, the BME Services or BME. BME has not reviewed such websites or services and is not responsible for the content of those websites or services. BME is not responsible for webcasting or any other form of transmission received from any linked website or service. Links are to be accessed at Your own risk, and BME makes no representations or warranties about the content, completeness or accuracy of these links or the websites or services linked to the Website or the BME Services. BME provides links as a convenience, and the inclusion of any link to a third-party website or service does not imply endorsement by BME of that website or any association with its operators.

8. Security

Any passwords used for the Website or the BME Services are for individual use only. You will be responsible for the security of Your password (if any). BME may monitor Your password and, at its discretion, require You to change it. If You use a password that BME considers insecure, BME may require the password to be changed or may terminate Your account. You are prohibited from using any services or facilities provided in connection with the Website or the BME Services to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, BME reserves the right to release information about You to system administrators at other websites in order to assist them in resolving security incidents. BME reserves the right to investigate suspected violations of this Agreement, and to fully cooperate with any law enforcement authorities or court order requesting or directing BME to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement or any applicable law. You agree to notify BME immediately of any unauthorized use, theft or misappropriation of your account, username, or password. BME shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

9. Intellectual Property Rights

1. Ownership. As between you and BME, any and all copyright, patent, trademark, service mark and other intellectual property or proprietary rights (“Intellectual Property”) associated with the Website, the BME Services or the Content are the sole property of BME or its affiliates.
2. Third Party Software. The BME Services and any other software available for access, use, or download via the Website or otherwise obtained from BME may contain or be bundled with software licensed to BME by third parties (collectively, “Third Party Software”) that is protected by copyright and other Intellectual Property rights of Third Party Software vendors. Use of such Third Party Software is governed by the terms of the license agreement that accompanies or is included with the Third Party Software. If no license agreement accompanies or is included with the Third Party Software, then the terms of this Agreement shall apply to the use of that Third Party Software. In the event of any conflicts between this Agreement and any applicable third party license terms, as to that specific component only, the terms of the applicable third party license agreement shall control.

10. Indemnification

You will indemnify, defend and hold BME, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any and all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to (a) your breach of this Agreement; (b) your access to or use of the Website, the BME Services or the Content; (d) your misuse of or reliance on any material, data, or other information (including Content) obtained from the BME Services; (e) Your violation of any law or the rights of any third party; (f) your negligence, willful misconduct, or fraud; or (g) Your use of the Third Party Services. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

11. Miscellaneous

The Privacy Policy of BME applies to every use of the Websites and forms an integral part of these Terms of Use.

Choice of Law; Dispute Resolution. This Agreement will be governed and interpreted pursuant to the laws of the Balearic Islands, Spain, notwithstanding any principles of conflicts of law, as well as the federal laws of Spain (as applicable).