|
Terms & Conditions for the Use of the Worlddidac.org Web Site and its Content
Please read these Terms carefully. By accessing the worlddidac.org Web site at the home page www.worlddidac.org or at any other page you have accepted to be bound by the terms set out below. The worlddidac.org Web site is owned and operated by Worlddidac.
These terms were last updated on February 26, 2008.
1. Intellectual Property Protection
The contents and design of the worlddidac.org Web site and any pertaining information carriers are copyright of Worlddidac and its members. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the "Worlddidac" or "Worlddidac Award" name and logo or other trade marks and names appearing on the Site) for any reason without written permission from Worlddidac.
2. Use of worlddidac.org Content
You may retrieve and display the worlddidac.org Content on a computer screen or print individual pages on paper and store such pages in electronic form on mobile computing equipment for your personal, non-commercial use. Except for contact information, you may not reproduce, modify or unlawfully exploit any of the content. To reproduce the content in electronic or printed form requires the prior written permission from Worlddidac. Requests for permission for the use of the worlddidac.org content should be sent to:
Worlddidac
Bollwerk 21, P.O. Box 8866
3001 Bern, Switzerland
Phone +41-31-311-7682
Fax +41-31-312-1744
info@worlddidac.org
http://www.worlddidac.org
3. Fees, Payment, and Transactions
Access to certain worlddidac.org Content may be subject to a subscription or membership fee. All payments (including applicable taxes) must be made in advance in Swiss Francs (CHF) or other currency specified by Worlddidac. The user is responsible for the payment of all charges associated with the use of the Site using personal login data.
4. Term and Termination
Worlddidac may, in the case of non-compliance with the terms of use, terminate or suspend your access to all or part of the Site.
5. Changes to the Site
Worlddidac reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the worlddidac.org Content available on the Site at any time and to restrict the use and accessibility of the Site.
6. Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the worlddidac.org content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Worlddidac if you become aware of any loss or theft of any login password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of the worlddidac.org Content or the Site. You must provide Worlddidac with accurate, complete registration information (including in particular your e-mail address) and inform Worlddidac of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Worlddidac reserves the right to monitor and record activity on the Site, including access to the worlddidac.org content.
7. Privacy Policy
The information that you provide about yourself to worlddidac.org will only be used for the specified purpose of the submission, such as the promotion of products, services, events and other information that you have entered.
8. Information Postings and Community Forums
The Site may include membership lists, newsfeeds, product pages, bulletin boards, discussion groups and other public areas that allow feedback to Worlddidac and interaction between users of worlddidac.org. While Worlddidac does not control the posted information/materials ("Information/Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Information/Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Information/Messages. You must comply with any rules posted by Worlddidac on a electronic publication system or Forum. You may not:
- post, link to or otherwise publish any Information/Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- post or otherwise publish any Information/Messages that contain a virus or other harmful component;
- disguise the origin of any Information/Messages;
- impersonate any person or entity;
- post or otherwise publish any Information/Messages unrelated to the predefined topics;
- post or transmit any Information/Messagesthat contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the electronic publication system or Forums.
By submitting Information/Messages to any Forum or electronic publication system you agree to indemnify and hold harmless Worlddidac from all claims, costs and expenses (including legal expenses) arising out of any Information/Messages posted or published by you that are in breach of this section 8.
The electronic publication systems, newfeeds and Forums contain Information/Messages submitted by users or agents over whom Worlddidac has no control. Worlddidac cannot guarantee the accuracy, integrity or quality of any Information/Messages. Some users or agents may breach these terms and post Information/Messages that are inaccurate, misleading, untrue or offensive. You must bear all risk associated with your use of the electronic publication systems and Forums and should not rely on Information/Messages in making (or refraining from making) any specific investment or other decisions.
It is not possible for Worlddidac to fully and effectively monitor Information/Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, please address the potantially involved parties directly.
9. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Worlddidac makes no warranty, express or implied concerning the worlddidac.org content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Worlddidac expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Worlddidac, its members or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services. Worlddidac does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.
In no event will any liability of Worlddidac, its members, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Worlddidac exceed the amount, if any, paid by you to Worlddidac in respect of the particular Site Service to which the claim relates.
Upon Worlddidac's request, you agree to defend, indemnify and hold harmless Worlddidac from any claims and expenses, including legal fees, related to any breach of these Terms by you or your use of any Site Services.
10. Force Majeure
Worlddidac, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the worlddidac.org Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
11. Miscellaneous
Changes to these Terms. Worlddidac may, in its discretion, change these Terms (including those relating to your use of Site and/or the worlddidac.org Content). When Terms are changed, Worlddidac will notify you by e-mail or by publishing details of those changes by including them in these Terms. If you use the Site after Worlddidac has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain worlddidac.org Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Worlddidac is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Worlddidac is not responsible for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Worlddidac.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to Worlddidac must be given in writing by letter and sent to Worlddidac secretariat in Bern, Switzerland.
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Bern, Switzerland, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with Swiss law. The parties irrevocably agree that the courts the Canton of Bern shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Swiss courts.
For the exclusive benefit of Worlddidac, Worlddidac shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
Bern, Switzerland
20 April 2005
|
