1. Acceptance of the Terms
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date appears at the top of these Terms in order to be updated. You can review the most current version of the Terms at any time at: http://esgo2015.esgo.org/esgo-media/terms-of-use#.VQ5qAvyUd8E.
By using, entering and/or viewing the Site and/or using any of the Services, you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company or Kenes, as applicable, and any person so using or entering the Site or using any of the Services.
2. Availability of the Site
Access to the Site and/or the Services may not be available at all times or in all areas. Company reserves the right to modify or discontinue, temporarily or permanently, the Site, with or without any notice to you. You agree that the Company shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of: (a) the Site, or (b) the materials presented on the Site (including contact information, links, publications, blogs, travel and conference information, medical, and scientific informational materials presented, other specialized content, documentation, data, related graphics, and other features as applicable) offered herein (collectively, the "Materials").
3. Kenes Services
4. Use Restrictions
You may not: (i) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any portion of the Site and/or Services or the information which the Site contain in any way; (ii) create a browser or border environment, or GUI around the Site (e.g. no "frames" are allowed); (iii) interfere with or disrupt the operation of the Site and/or Services, or the servers or networks that host the Site or make the Materials available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iv) interfere with or violate users' right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve index and/or data-mine information; (v) impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the Materials provided in the Site or gaining unlawful access to it; (vi) falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with the Company, or express or imply that Company endorses or is in any way affiliated with you, your website, your business or any statement you make, or present false information about the Site; (vii) transmit or otherwise make available in connection with this Materials any virus, "worm", "Trojan horse", "time bomb", "web bug", spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) create a database by systematically copying and storing all or any of Company's Intellectual Property (as shall be defined below); (ix) use the Site and/or Services, and/or any information contained therein or relating therefrom, for any commercial purposes; and (x) use the Site and/or Services, and/or any information contained therein or relating therefrom, for any illegal, immoral or unauthorized purpose.
Your failure to comply with the provisions set forth herein may result in the termination of your access to the Site, Materials and/or Services and may expose you to civil and/or criminal liability.
5. Intellectual Property Rights
The Materials, the Services, the Site and all the content provided through them, including without limitation, the graphics, photos, texts, data, personal data and information, business and technical data and information, medical and scientific information, guides, manuals, specifications, brochures, banners, any proprietary resources, presentations, sounds, music, videos, interactive features, software (whether in source code or object code), scripts, designs, interface functionality trademarks, service marks, and logos (collectively, "Intellectual Property"), whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws,are solely owned by the Company or by Kenes, or licensed to the Company or to Kenes and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. Except as permitted by applicable laws, you are not granted, expressly or by implication, estoppels or otherwise, any license or right to use any of the Intellectual Property without the prior written permission of the Company or Kenes, as applicable.
We permit you to make copies of the Site as necessary and you may take a print for your personal use of so much of the Site as is reasonable for private purposes. All other use is strictly prohibited.
When used with Company's permission or as permitted by applicable law, to the extent provided, all trademarks must be identified as trademarks of Company using the appropriate symbol (e.g.,™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.
6. Specific Notice Regarding Links to Third Party Sites
Certain links provided herein permit you to leave the Site and enter other, non-Company sites. These linked sites are not under Company's control. Company is not responsible for the contents of any linked site, any changes or updates to such sites or the availability of such external sites or resources. Company is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by Company of any linked site. Company's publication of information regarding third-party products or services does not constitute an endorsement regarding the suitability of such products or services or a warranty, representation or endorsement of such products or services either alone or in combination with any of company's Materials. Company reserves the right to terminate any link at any time. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.
7. Commercial Advertisements
Company or Kenes may integrate commercials and advertisements as part of the Site and/or Services. All the information contained in such commercials and advertisements belongs solely to the third party advertisers and neither Company nor Kenes make no warranties or representations as to such advertisements, whether or not Company and/or Kenes had control over such advertisements.
8. Disclaimer and Warranties
THE MATERIALS AND THE CONTENTS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING FOR SUCCESSFUL OR PROPER INSTALLATION. NEITHER COMPANY NOR KENES WARRANTS THAT THE MATERIALS, SERVICES AND INFORMATION presented on the site WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAY CORRECT, MODIFY, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO ANY DATA, INFORMATION AND CONTENT AVAILABLE VIA THE SITE, AT ANY TIME OR TO DISCONTINUE DISPLAYING SUCH MATRERIALS, INFORMATION AND CONTENT WITHOUT NOTICE.
COMPANY DOES NOT WARRANT NOR GUARANTEE ANY ADVICE OR INFORMATION OTHERWISE GRANTED THROUGH THE SITE AND ASSUMES NO LIABILITY, WITH RESPECT TO SUCH INFORMATION OR ADVICE OR ITS ACCURACY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE INFORMATION AND MATERIALS PRESENTED ON THE SITE SHOULD BE USED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND NOT FOR OTHER PURPOSES. ALSO, COMPANY CANNOT ASSUME ANY RESPONSIBILITY FOR UPDATING OR CORRECTING ANY SUCH INFORMATION OR ADVICE ONCE IT HAS BEEN GIVEN.
9. Limitation of Liability
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DEATH OR INJURY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUSACTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER COMPANY OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE SUMS ACTUALLY RECEIVED BY COMPANY FROM YOU IN CONNECTION WITH THE SITE.
10. User's Representations and Warranties
As a condition for your use of the Site, you hereby represent and warrant that (i) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder; (ii) the execution of these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (iii) you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; (iv) you will provide true and accurate information and will not impersonate or provide a false identity; (v) you will not infringe any right of any third party, including intellectual property rights, privacy rights and publicity rights; and (vii) you will not harm any user and will not use the Site and Materials presented therein for any illegal, Immoral or unauthorized purposes.
You agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site including for successful or proper installation; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, property right, privacy right or publicity right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site or the Material. This defense and indemnification obligation will survive these Terms.
You agree that Company, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including, without limitation, if Company believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions. You agree that any termination of your access to the Site under any provision of these terms and conditions may be effected without prior notice. Upon termination of these Terms, your right to use the Site will immediately cease. Company shall not be liable to you or any third party for any termination of your access to the Site or any part thereof.
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
Any claim relating to the Site and/or Services or its use thereof will be governed by and interpreted in accordance with the laws of Switzerland without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the State of Geneva, Switzerland. Except that you agree that the Company shall have the right to bring suit against you, in any venue and/or jurisdiction outside of Switzerland, in which you have assets, domicile or a place of business.
You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.
If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
For information or questions regarding the Site or Company Services, please contact:
The European Society of the Gynaecological Oncology (ESGO)
c/o Kenes International
Rue François-Versonnex 7
1207 Geneva, Switzerland
Tel: +41 22 9080488
Fax: +41 22 9069140
For information or questions regarding Kenes Services, please contact:
Kenes Group Ltd.
Rue François-Versonnex 7
1207 Geneva, Switzerland
Tel: +41 22 9080488
Fax: +41 22 9069140