The
version of ConfManage Terms of Service is shown below.
1. TERMS
AND CONDITIONS OF SERVICE
1.1
EMABT ("we" or "us" or "ConfManage"), via its
online web service ConfManage (ConfManage Web Site") https://confmanage.com
provides services that allow users
a) to manage document submission, reviewing,
publishing, program generation, content management, registration, user
management, email management and monitoring, and accounting for conferences, workshops,
journals, books, special issues and any other events or publications, and
b) to publish papers, articles, preprints,
slides, presentations, videos, teaching material, programs of events, calls for
papers and volumes and collections thereof,
(the
"Service").
WE ASK
THAT YOU READ THESE TERMS AND CONDITIONS OF SERVICE (THE "TERMS"),
BECAUSE YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS
WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE
SERVICE.
1.2 If
you use the Service on behalf of a company, organisation, or other entity, then
a) "you" includes you and that
entity, and
b) you represent and warrant that you are an
authorised representative of the entity with the authority to bind the entity to
these Terms, and that you agree to these Terms on the entity's
behalf.
1.3 We
reserve the right to update the Service at any time at our discretion with or
without notice to you. Such updates are designed to improve, enhance and
further develop the Service and may take the form of bug fixes, enhanced
functions, new modules, or other forms. You agree to receive such updates and permit
us to deliver these to you as part of your use of the Service.
1.4
Additional terms may apply to some of our services. For example, if you use our
ConfManage registration module, additional terms apply to your use of this
module. All of these are referred to below as the "Additional Terms".
We will tell you when Additional Terms apply. If there is any contradiction
between what the Additional Terms say and what these Terms say, then the
Additional Terms shall take precedence in relation to that element of the
Service.
2.
LICENCE
2.1 We
grant you a non-transferable, non-exclusive, non-sub-licensable, royalty-free
worldwide right and licence to use the Service. It does not include the right
for you (or any third party) to copy, adapt, modify, resell or repurpose any ConfManage
product, service, or data or the ConfManage Web Site. If you are unclear about
whether your use is acceptable under these terms, please contact us. The
contact information will be available on the contact page of the ConfManage Web
Site.
2.2 Your
use of the Service does not create a partnership, joint venture or agency
relationship or similar relationship between us and you.
2.3 You
are expressly prohibited and shall not permit any third party to reproduce,
redistribute, duplicate, copy, adapt, decompile, disassemble, modify, sell,
trade or resell the Service (including the ConfManage Web Site) for any
purpose, unless you have been specifically permitted to do so in a separate
agreement with ConfManage.
2.4 No
competitors or future competitors of ConfManage are permitted access to the
Service and ConfManage reserves the right to suspend or terminate any account
created or used by any person employed by or acting on behalf of any such
competitor.
2.5 You
must not use the Service to advertise or promote any fictitious conference.
3 YOUR
USE OF THE SERVICE
3.1 You
represent that you are of legal age to form a binding contract and are not
prevented from accessing or receiving the Service under any applicable
jurisdiction.
3.2 You
agree to only use the Service for lawful purposes and as permitted by these
Terms.
3.3 You
agree not to access, interfere with, damage or disrupt (or attempt to access,
interfere with, damage or disrupt) any part of the Service, any equipment or
network on which the ConfManage Web Site is stored or any software used in the
provision of the ConfManage Web Site through any technology or means other than
through the ConfManage Web Site. You specifically agree not to access (or
attempt to access) any part of the Service through any automated means,
including without limitation scripts, web crawlers, robots, spiders, offline readers,
etc.
3.4 You
must not use the Service
a) to harm, threaten, stalk or otherwise
harass another person or organisation (including without limitation for the
purpose of harming or attempting to harm minors in any way),
b) in any way that is unlawful or fraudulent,
or has any unlawful or fraudulent purpose or effect, including without
limitation:
i) to impersonate any person or entity,
ii) to falsely state or otherwise
misrepresent your affiliation with a person or entity, or
iii) to hide or attempt to hide your
identity, including by creating several accounts under different names,
c) to attempt to compromise the Service
integrity or security or decipher any transmissions to or from the servers
running the Service,
d) in any way that violates any applicable
local, national or international law or regulation,
e) to transmit, or procure the sending of,
spam, chain letters, or other unsolicited advertising or promotional material
or any other form of similar solicitation,
f) to send, knowingly receive, upload,
download, use or re-use any material which does not comply with our content
standards (set out in clause 5.10), or
g) to knowingly transmit any data, send or
upload any material that contains viruses, Trojan horses, worms, time-bombs,
keystroke loggers, spyware, adware or any other harmful programs or similar computer
code designed to adversely affect the operation of any computer software or
hardware.
3.5 You
acknowledge and agree that confManage may set upper limits on the number of
transmissions you may send or receive through the Service or on the amount of
storage space used for the provision of any Service. Such upper limits may be
set by ConfManage at any time, at our discretion.
4.
REGISTRATION, ACCOUNT AND PASSWORD
4.1 In
order to access the Service, you may be required to provide information about
yourself, such as identification or contact details (the "Registration
Data"), as part of the registration process for the Service, or as part of
your continued use of the Service. You agree to
a) provide Registration Data that is true,
accurate, current and complete, and
b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, ConfManage, in its sole discretion, has the right to
suspend or terminate your account and refuse any and all current or future use
of the Service.
4.2 You
agree and understand that you are fully responsible for all activities that
occur under any account you use to access the Service.
4.3 You must keep
your account(s) and password(s) confidential and not authorise any third party
to access or use the Service on your behalf. You understand that any third
party that has access to your account can reset your password, disable your
access to the Service, view any content accessible from your account, or post
any content, including content that violates these Terms or other laws,
regulations or rules. You remain fully liable to and will indemnify and hold harmless
ConfManage against claims, actions, proceedings, losses, damages, expenses and
costs (including without limitation court costs and reasonable legal fees)
arising out of or in connection with any third party's use of your account and
password or the Services on your
behalf.
4.4. You
agree to immediately notify us of any unauthorised use of your password or
account, and ensure that you sign out from your account at the end of each
session.
4.5 You
acknowledge and agree that if ConfManage disables access to your account, you
may be prevented from accessing the Service, your account details or any
Content (as defined below) accessible via the Service.
5.
CONTENT
5.1 You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, papers, reviews, messages, tags or other
materials which you may have access to as part of, or through your use of, the
Service ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such Content
originated. ConfManage does not control the Content posted via the Service and
does not guarantee the accuracy, integrity or quality of such Content. The
views expressed by other users of the Service do not represent ConfManage's
views or values. If you wish to complain about Content uploaded by other users
please contact us using the contact details available on the ConfManage Web
Site.
5.2
"Your Content" is any content that you provide, create, email, post,
submit, input, upload or otherwise make available (hereinafter simply
"post") on the Service. You understand that you, and not ConfManage,
are entirely responsible for Your Content.
5.3 By
posting Your Content you warrant that you have all the rights necessary for you
to post it. You retain all of your ownership rights in Your Content but you
hereby grant to ConfManage and other users of ConfManage Web Site a limited
licence to copy, distribute, make available, store and use Your Content for the
purpose for which it has been provided on the terms set out in this section 5.
5.4 You
warrant and represent that you have the written consent of each identifiable
individual natural person in Your Content to use such person's name or likeness
in the manner contemplated by the Service and these Terms.
5.5 ConfManage
claims no ownership or control over Your Content. Except as expressly stated
within these Terms, you or a third party licensor, as appropriate, retain all
intellectual property rights in Your Content.
5.6 You
acknowledge that ConfManage has no obligation to monitor Content and/or Your
Content and that Content and/or Your Content is not verified or approved by ConfManage.
ConfManage has the right (but not the obligation) in its sole discretion to
refuse, move or remove any Content and/or Your Content that is available via
the Service and that violates the Terms or is otherwise objectionable.
5.7 You
agree that you are solely responsible for (and that ConfManage will take no
responsibility and assume no liability to you or to any third party for) Your
Content and for the consequences of you posting it.
5.8 You
understand and acknowledge that you may be exposed to Content that is
inaccurate, offensive, defamatory, indecent, objectionable or inappropriate for
children, and that, in this respect, you use the Service at your own risk, and
you agree that ConfManage shall not be liable for any damages you allege to
incur as a result of such Content. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. We make no representations,
warranties or guarantees, whether express or implied, that the Content on the ConfManage
Web Site is accurate, complete or up to date. In this regard, you acknowledge
that you may not rely on any Content.
5.9
Content may be subject to posted limitations on usage, reproduction or dissemination,
and you are responsible for adhering to such limitations if you download the
Content. Content uploaded by other users is likely to be confidential,
protected by copyright laws and may contain sensitive information. You agree
only to use the Content for the purposes for which it has been provided and/or
made available to you and not to modify the Content that you download. You must
not use any part of the Content for commercial purposes without obtaining the
necessary licence to do so from the relevant licensor and must not purport to
have any rights in or over the Content that you access other than to the extent
expressly permitted by these Terms or the relevant author. If you use any
Content that you have access to in breach of these Terms, your right to use the
Service will cease immediately.
5.10 You agree not
to post Your Content that
a) may constitute or contribute to a crime or
tort,
b) contains any information or content that
violates third-party rights of any kind or is unlawful, harmful, abusive,
racially or ethnically offensive, defamatory,
infringing, invasive of personal privacy or publicity
rights, harassing, humiliating to other people (publicly
or otherwise), libellous, threatening, profane, or otherwise objectionable,
c) infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party,
d) contains unsolicited or unauthorised
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation,
e) contains files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment,
f) is generated by algorithms or computer
programs when it is expected that the content is created by humans, including,
but not limited to, submission of an abstract, paper, slides or other presentations,
for reviewing or publishing, or
g) contains false, incorrect or fake email
addresses or other personal data of yourself or other persons.
5.11 You
understand that ConfManage may need and by posting Your Content you hereby
grant ConfManage a worldwide, non-exclusive, royalty-free, transferable,
perpetual and irrevocable licence (with the right to sub-licence), to use,
modify, adapt, reproduce, distribute, prepare derivative works of, display
and/or perform Your Content to the extent ConfManage deems necessary to provide
the Service, including without limitation metadata removal or watermark addition,
and to operate ConfManage's business, including without limitation for
promoting and redistributing part or all of the Service (and derivative works
thereof) in any media formats and through any media channels.
5.12 You
understand that Content presented to you as part of the Service may be
protected by intellectual property rights which may be owned by ConfManage or
by other users from whom such Content originated. You may not modify, adapt,
rent, lease, loan, sell, reproduce, distribute or create derivative works based
on this Content (either in whole or in part) unless you have been specifically
told that you may do so by the owners of the Content in a separate agreement.
5.13 You
are responsible for ensuring that you back up any Content that you have access
to on the Service to the extent that it is lawful for you to do so. We may
permanently delete any Content and/or Your Content from our servers from time
to time without notice. We can suspend or cancel your access to the Service or
parts thereof and have no obligation to return Content and/or Your Content to
you after the access is suspended or cancelled. Content and/or Your Content may
be stored with an expiration date, ConfManage may delete such Content and/or
Your Content as of that date. Content and/or Your Content that is deleted may
be irretrievable.
5.14
Your Content may be available to other users of the Service. The set of users
who have access to Your Content may depend on the Service, may or may not be
known to you, and may change at any time. By posting Your Content you agree
that anyone who may have access to Your Content in connection with the Service
has free, non-exclusive permission to access and use Your Content solely in
connection with the Service in accordance with these Terms. Once you have
posted Your Content on the ConfManage Web Site you cannot request that it is deleted
or withdraw your consent for it to be used in accordance with these Terms
(unless we expressly agree otherwise).
5.15 ConfManage
may retain and use Content and/or Your Content, subject to the terms of its
privacy policy. You agree that ConfManage may aggregate Your Content with
Content provided by other users, and use such aggregated data, provided that ConfManage
only aggregate data in a manner such that no third party could identify which
users' data contributed to the aggregated set.
5.16
When you submit Your Content to a conference or any other event using the
Service, you grant organisers of that conference or event a worldwide,
non-exclusive, royalty-free, transferable perpetual and irrevocable licence
(with right to sub-licence) to use, reproduce, distribute and publish Your
Content metadata (and derivative works thereof) in connection with the
conference in accordance with these Terms, including in the list of accepted
papers and/or the conference program. The metadata includes any or all of the
author names and affiliations, title and abstract, presentation information
(date, time, session and place) and speaker or presenter name.
5.17 You
will remain fully liable and will indemnify and hold harmless ConfManage
against all claims, actions, proceedings, losses, damages, expenses and costs
(including without limitation court costs and reasonable legal fees) arising
out of or in connection with your failure to comply with this section 5 and/or
your unauthorised use of the Content and/or Your Content.
6. USE
OF PERSONAL INFORMATION
6.1 The
following definitions apply in this section 6:
"Agreed
Purpose" means the performance by users of their obligations in respect of
the Service and/or under these Terms, and the promotion of the products or
services that form the subject of the Service and/or these Terms.
"data
controller, data processor, personal data, processing and appropriate technical
and organisational measures" have the meanings set out in the Data
Protection Legislation in force at the time.
"Data
Protection Legislation" means the UK Data Protection Legislation and (for
so long as and to the extent that the law of the European Union has legal
effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and
any other directly applicable European Union regulation relating to privacy.
"Permitted
Recipients" means you, your employees and/or any third parties engaged to
perform obligations in connection with the Service or conference to which the
Content relates.
"Sensitive
Personal Information" means
a) any data revealing racial or ethnic
origin, political opinions, religious or philosophical beliefs, or trade union
membership,
b) genetic data, biometric data for the
purpose of uniquely identifying a natural person,
c) data concerning health or medical
information (other than food allergies or medical contact information),
d) data concerning a natural person's sex
life or sexual orientation,
e) national insurance, social security
numbers, or similar ids or numbers used in various countries,
f) passport numbers or other government
issued ID numbers,
g) date of birth,
h) age and/or gender,
i) financial account information (other than
payment information processed securely via ConfManage),
j) other data which can be reasonably
recognised as being highly sensitive
"UK
Data Protection Legislation" means any data protection legislation from
time to time in force in the UK including the Data Protection Act 1998 or 2018
or any successor legislation.
6.2 You
acknowledge that ConfManage will not disclose any personal data to you in your
use of the Service and that ConfManage is not a data controller in respect of
any data that you provide or make available to other users of the ConfManageWeb
Site.
6.3 Any
material breach of the Data Protection Legislation or such other regulations by
you shall be grounds for ConfManage to suspend or terminate your use of the
Service with immediate effect.
6.4 You
acknowledge that you may be a data processor and/or a data controller in
respect of any personal data that you provide or make available to, or receive
from, other users of the Service. You agree to
a) process personal data accessed and/or
provided to you through the ConfManage Web Site only for the Agreed Purposes,
b) not disclose or allow access to such
personal data to anyone other than the Permitted Recipients, and
c) ensure that you have in place appropriate
technical and organisational measures to protect against unauthorised or
unlawful processing of personal data and against accidental loss or destruction
of, or damage to, personal data.
6.5 You
acknowledge and agree that you will not unnecessarily request Sensitive
Personal Information from other users and inform confManage if you are going to
request or collect such information.
6.6 You
acknowledge and agree that ConfManage can monitor requests to provide Sensitive
Personal Information and require you to remove such requests.
6.7 You
acknowledge and agree that processing, storing and transmitting Sensitive
Personal Information is unnecessary for use of the Service and that you shall
be solely responsible for any such use, and therefore ConfManage shall not be
liable for the same.
6.8 You
shall indemnify ConfManage against all liabilities, costs, expenses, damages
and losses (including but not limited to any direct, indirect or consequential
losses, loss of profit, loss of reputation and all interest, penalties and
legal costs (calculated on a full indemnity basis) and all other professional
costs and expenses) suffered or incurred by ConfManage arising out of or in
connection with the breach of the Data Protection Legislation by you, your employees
or agents.
7.
UNSOLICITED EMAIL (SPAM)
7.1 All
email messages sent by you from ConfManage, including invitations to program
committee and review requests, must only target the relevant recipients who are
reasonably likely to agree to receiving your invitation.
7.2 All
bulk emails sent by you or on your behalf not using ConfManage but in
connection with the Service, for example, calls for papers for conferences or
journals hosted by ConfManage, must contain an "unsubscribe" link
that allows subscribers to remove themselves from your email messages. You will
actively manage and process unsubscribe requests and update your email lists to
reflect such requests. Any messages sent in connection with using the Services
must contain clear and conspicuous notice that the message is an advertisement
or
solicitation
and that the recipient can opt out of receiving more commercial email from you.
It also must include your identity as the sender, valid physical postal address
and comply in all other respects with applicable law. You will not send
commercial email messages using domains by proxy or any equivalent ownership
masking service.
7.3 You
must not send any promotional emails to ConfManage email addresses or include ConfManage
email addresses to your address book in a manner that they become a target of
emails by web services, such as social networks.
7.4 You
acknowledge and agree that if you violate any provision of this section 7, we
may immediately suspend or terminate your access to the Service or ConfManage
Web Site. ConfManage reserves the right to decide, in its sole discretion,
whether you violate any such provision based on received emails, complaints,
information we receive from email service providers, and any similar
information.
8.
PRIVACY AND YOUR PERSONAL INFORMATION
8.1 We
shall take all reasonable care to ensure that we comply with our obligations
under GDPR.
8.2 For
information about ConfManage data protection practices, please read the ConfManage
privacy policy on the ConfManageWeb Site. This policy explains how ConfManage
treats your personal information, and protects your privacy, when you use the
Service.
8.3 You
agree to the use of your data in accordance with our privacy policies (copies
of which are available on the ConfManage Web Site).
8.4 In
order to operate and provide the Service, we collect certain information about
you. As part of the Service, we may also automatically upload information about
your computer, your use of the Service, and Service performance. You acknowledge,
consent and agree that ConfManage may in its sole discretion access, preserve
and disclose any such information and/or Content if required to do so by law or
in a good faith belief that such access, preservation or disclosure is
reasonably necessary to:
a) comply with legal process
b) enforce these Terms
c) respond to claims that any Content
violates the rights of third parties
d) protect against imminent harm to the
rights, property or safety of ConfManage, its users or the public as required
or permitted by law
e) maintain security and integrity of the
Service
8.5 The ConfManage
Web Site uses cookies. A cookie is a small file of letters and numbers that we
put on your computer if you agree. These cookies allow us to distinguish you
from other users of the ConfManage Web Site, which helps us to provide you with
a good experience when you browse the ConfManage Web Site and also allows us to
improve the ConfManage Web Site. You can read more about our cookie policy on
the ConfManage Web Site.
9. OTHER
PROVISIONS
9.1 Free
Services. ConfManage allows you to access through the ConfManage Web Site a
number of services for free at its sole discretion, including conference management
system with free licenses. In the event that you violate any of these Terms, ConfManage
reserves the right to refuse providing you with access to such services for
free and to charge your use of such services at ConfManage's then current
rates.
9.2
Intellectual Property Rights. ConfManage is the owner or the licensee of all
intellectual property rights in the ConfManage Web Site. Except as expressly
permitted by section 5, you must not use any content from the ConfManage Web
Site (including without limitation any
logos or
any images from the ConfManage Web Site) without express permission from ConfManage.
9.3
Verifiable information. All information which you post about the Service or any
conference relevant to the Service, including any web pages, emails and other
media used by you, posters, calls for papers, must comply with the verifiable
information principle, meaning that all such information must be correct and
verifiable. This includes without limitation
a) all persons mentioned. For example, if
your web page lists the conference scientific committee, then either it should
include links to the web pages of committee members or you should be able to provide,
upon request, evidence that a particular committee member agreed to be on the
relevant committee,
b) all organisations, for example sponsors.
Your association with these organisations should be verifiable upon request,
c) all third-party logos used. You should
have obtained permission to use these logos and be able to justify that you
have such permission.
9.4 You
understand and acknowledge that ConfManage has exclusive rights to provide
professional technical support and help on the use of the Service.
9.5 You
acknowledge that, except as expressly stated otherwise in these Terms, ConfManage
or its licensors retain all copyright, trademark, trade secret, patent and
other intellectual property rights to the Service and any or all modifications
to the Service.
10. NO
WARRANTY
10.1 We provide
the Service using commercially reasonable efforts. However, the Service is
provided "as is" without warranty of any kind. You expressly
understand and agree that your use the Service is at your own risk. ConfManage
specifically disclaims, to the maximum extent permitted by law, any express or
implied warranties including without limitation as to merchantability,
satisfactory quality, fitness for a particular purpose, non-infringement, the
absence of defects or errors, that any defects or errors will be corrected, or that
the Service is free of viruses or any other harmful components.
10.2 We
cannot guarantee the accuracy, reliability or timeliness of information
available from the Service. Any content downloaded or otherwise obtained
through the Service is downloaded at your own risk and we are not responsible
for any damage to your computer system or loss of data that results from such
download.
11.
LIMITATION OF LIABILITY
11.1
Nothing in these Terms shall exclude or limit ConfManage's liability for losses
which may not be lawfully excluded or limited by applicable law (including
without limitation death or personal injury caused by its negligence or fraud
or fraudulent misrepresentation).
11.2
Subject to overall provision in clause 11.1 above, ConfManage shall not be
liable to you for any direct, indirect, punitive, consequential or exemplary
damages, including without limitation any loss of profit, loss of goodwill or
business reputation, or loss of data or any damage, loss or injury resulting from
a) any reliance placed by you on the
accuracy, completeness, or usefulness of any content accessed via the Service,
b) any permanent or temporary cessation,
delays or failures in the provision of the Service or any part thereof,
c) hacking, tampering or other unauthorised
access of your account or the information contained therein,
d) your or any third party use of Content,
e) content on third-party web sites,
third-party programs, or third-party
conduct accessed via the Service,
f) viruses or other disabling features that
affect your access to or use of the Service or may be transmitted to or through
the Service by any third party,
g) incompatibility between the Service and
other services, software, or hardware,
h) your failure to provide accurate
Registration Data or other information required by the Service,
i) your failure to keep your password or
account details secure and confidential,
j) any changes which ConfManage's may make to
the Service,
k) the deletion of, corruption of, or failure
to store, any Content or other data maintained or transmitted by or through
your use of the Service,
l) unauthorised access to or alteration in
your transmissions of data,
m) claims for breach of contract, breach of
warranty, guarantee or condition, strict liability, tort (including negligence
or breach of statutory duty) or negligent misrepresentation,
n) any reliance placed by you on the
completeness, accuracy or existence of any Content or advertising that appears
on the Service,
o) any relationship or transaction between
you and any advertiser or sponsor whose advertising appears on the Service, or
p) your failure to comply with these Terms.
11.3 The
limitations on ConfManage's liability to you in clause
11.2
above shall apply whether or not ConfManage has been advised of or should have
been aware of the possibility of any such losses arising.
12.
INDEMNITY
You
agree to indemnify and hold harmless ConfManage and its subsidiaries,
affiliates, officers, agents, co-branders and other partners, and employees,
from any claim or demand, including
reasonable
attorneys' fees, made by any third party due to or arising out of
(a) Your Content,
(b) your use of the Service,
(c) your violation of these Terms,
(d)
your violation of any third-party rights, or
(e) your violation of any applicable law,
rule or regulation.
13.
TERMINATION
13.1 You
agree that ConfManage may, under certain circumstances and without prior
notice, immediately terminate your account, any associated email addresses, and
access to the Service. Cause for such termination shall include without
limitation
a) breaches, violations or purported breaches
or violations of these Terms or any Additional Terms,
b) requests by law enforcement or other
government agencies,
c) discontinuance or modification to the
Service (or any part thereof),
d) unexpected technical or security issues or
problems,
e) extended periods of inactivity,
f) you bringing the reputation of ConfManage
into disrepute or doing anything likely to cause harm to ConfManage's
reputation,
g) non-payment of any fees owed by you in
connection with the Service,
h) a request by you.
13.2 If
you want to terminate your legal agreement with ConfManage, subject to clause
13.4, you may do so by closing your accounts for all of the services which you
use. You can stop using the Service at any time but your account will not be
closed unless you ask ConfManage
to close
it and clause 13.4 does not apply.
13.3 ConfManage
shall not be liable to you or any third party for any termination of your
account, any associated email addresses, or access to the Service.
13.4 If
your account is involved in any ongoing activity where communication between you
and other users of the Service may be required, we reserve a right not to allow
you to close your account. Such ongoing activities include, without limitation
a) submission to, or registration or
reviewing for a conference having a non-expired license, or
b) unpaid fees.
14.
GENERAL LEGAL TERMS
14.1
These Terms constitute the entire contract between you and us regarding the
Service. It supersedes and extinguishes any prior contract, warranties,
representations, understandings or other oral or written statements regarding
your use of the Service.
14.2 You
acknowledge that in using the Services you do not rely on, and shall have no
remedies in respect of any statement, representation, assurance or warranty
(whether made innocently or negligently) that is not set out in these Terms.
14.3 All
parts of these Terms apply to the maximum extent permitted by relevant law. If
any part of these Terms is or becomes invalid, illegal or unenforceable, it
shall be deemed modified to the minimum extent necessary to make it valid,
legal and enforceable. If such modification is not possible, the relevant
provision or part-provision shall be deemed deleted. Any modification to or
deletion of a provision or part-provision under this clause
14.2
shall not affect the validity and enforceability of the rest of the Terms.
14.4 You
agree that regardless of any statute or law to the contrary, to the extent
permitted by law, any claim or cause of action arising out of or related to use
of the Service or the Terms must be filed within six months after such claim or
cause of action arose or be forever barred.
14.5
These Terms and the relationship between you and ConfManage and any dispute or
claim (including non-contractual disputes or claims) arising out of or in connection
with it or its subject matter or formation shall be governed by, and construed
in accordance with the law of Turkey. In relation to any legal action or proceedings
arising out of or in connection with this Terms ("Proceedings"), each
of the parties irrevocably agrees that the courts of Turkey shall have
exclusive jurisdiction to settle any dispute or claim (including
non-contractual disputes or claims) arising out of or in connection with these
Terms or their subject matter or formation and waives any objection to
Proceedings in such courts on the grounds of venue or on the grounds that
Proceedings have been brought in an inappropriate forum.
14.6
Unless it expressly states otherwise, these Terms do not give rise to any
rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any
term.
14.7 ConfManage
shall not be in breach of these Terms nor liable for delay in performing, or
failure to perform, any of its obligations under these Terms if such delay or
failure result from events, circumstances or causes beyond its reasonable
control.
14.8 A
waiver of any right or remedy under these Terms or by law is only effective if
given in writing and shall not be deemed a waiver of any subsequent right or
remedy. A failure or delay by ConfManage to exercise any right or remedy provided
under these Terms or by law shall not constitute a waiver of that or any other
right or remedy, nor shall it prevent or restrict any further exercise of that
or any other right or remedy. No single or partial exercise of any right or remedy
provided under these Terms or by law shall prevent or restrict the further
exercise of that or any other right or remedy.