- 1.3. In the case of web-based services and content intended for public agencies, private companies, higher education institutions and other civil society organisations, it is understood that such entities are represented by the user(s) of this web site and must assume that the user(s) has appropriate knowledge and acts accordingly.
- 2.1. The ABIS web site contains specific information and software, as well as related documentation, for viewing or downloading.
- 2.2. ABIS may stop the operation of the ABIS web site in full or in part at any time. Due to the nature of the internet and computer systems, ABIS cannot accept any liability for the continuous availability of the ABIS Web site.
3. Registration, Password
- 3.1. Some pages of the ABIS Web site may be password protected. In the interest of the protection of intellectual property, the exclusive rights of institutional members, and the safety and security of any financial transactions, only registered Users may access said pages. ABIS reserves the right to deny registration to any User. ABIS particularly reserves the right to determine certain part of its sites, which were previously freely accessible, subject to registration. ABIS is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area(s) by blocking its User Data (as defined below), in particular if the User
- uses false data for the purpose of registration;
- violates any applicable laws in the access to or use of the ABIS Web site; or
- did not use the ABIS Web site for a period longer than 12 month (twelve month)
- did not pay the ABIS Membership invoice
- 3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to ABIS, is current at all times and an address at which the User can be contacted.
- 3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
- 3.4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify ABIS thereof without undue delay in writing, or, as the case may be, by e-mail.
- 3.5. After receipt of the notice under paragraph 3.4, ABIS will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to ABIS or upon new registration.
- 3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event ABIS will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Rights of Use to Information, Software and Documentation
- 4.2. ABIS grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the ABIS Web site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by ABIS in making same available.
- 4.5. The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
5. Intellectual Property – Members Area
- 5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
- 5.3. You understand that you cannot use the ideas stored and developed in the MA for non ABIS Consortium or non ABIS Network Project.
- 5.4. ABIS Consortium or ABIS Project are all the ideas/project proposals/projects that are started, shared and managed by/via the MA.
6. Duties of the User
- 6.1. In accessing or using the ABIS Web site the User shall not
- harm other persons, in particular minors, or infringe their personal rights;
- post comments on public or password-protected pages which contain libelous or otherwise unlawful, abusive or obscene material;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity; or
- upload inappropriate images and links to immoral websites
The ABIS Web site may contain hyperlinks to the web pages of third parties. ABIS shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as ABIS does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
8. Liability for defects of title or quality
- 8.1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
9. Other Liability, Viruses
- 9.2. Although ABIS makes every endeavor to keep the ABIS Web site free from viruses, ABIS cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
- 9.4. §§ 9.1, 9.2 and 9.3 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10. Data Privacy Protection
- 10.2. ABIS undertakes not to sell, share, or rent the personal information of its Users to any third party or to permit User e-mail address to be exploited for the purposes of unsolicited mail. Any emails received by Users from third parties will only be in connection with the provision of agreed services, projects and communication platforms, including ABIS social media.
11. Supplementary Agreements, Place of Jurisdiction, Applicable Law
- 11.1. Any supplementary agreement requires the written form.
- 11.2. The individual pages of the ABIS Web site are operated and administered by ABIS asbl. The pages comply with the law applicable in the country where the responsible company has its business residence. ABIS makes no representation that information, software and/or documentation on the ABIS Web site are appropriate or available for viewing or downloading at locations outside such country. If Users access the ABIS Web site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to ABIS Web site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where the User seeks to do business with ABIS, the User should contact the ABIS representative for the particular country for country specific business.
- 12.2. Individual Users may terminate these Terms at any time by notifying ABIS in writing of their request. A User may also automatically have its rights and access terminated should its institution cancel its membership of ABIS, following the terms and conditions set forth in the ABIS Membership Charter and Guidelines. Find it here.
- 12.3. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- 12.4. If in the sole judgment of ABIS the User fails, or is suspected to have failed, to comply with any term or provision of these Terms of Service, ABIS also may terminate this agreement at any time without notice; and/or accordingly may deny the User access to the ABIS web site information, services and documentation (or any part thereof).
13. Contact Information