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TERMS OF USE

1. Scope

  • 1.1. Any use of this web site provided by ABIS – The Academy of Business in Society asbl is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions.
  • 1.2. In accessing or using the ABIS web site, both in the case of pages destined for public viewing and pages for which a log-in is required, these Terms of Use are accepted in their then current version.
  • 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. Services

  • 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 these Terms of Use or neglects its duty of care with regard to User Data;
    - 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

  • 4.1. The use of any information, software and documentation made available on or via this ABIS Web site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with ABIS. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.
  • 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.
  • 4.3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case ABIS shall make the source code available in return for the payment of costs.
  • 4.4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.
  • 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

  • 5.1. Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the ABIS Web site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of ABIS.
  • 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

  • 6.2. ABIS may deny access to the ABIS Web site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

 

7. Hyperlinks

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

  • 9.1. The liability of ABIS for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of ABIS is excluded unless required by law, e.g. in cases of willful misconduct, gross negligence, failure to meet guaranteed characteristics, or in case of breach of fundamental contractual obligations to its institutional members. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
  • 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.
  • 9.3 ABIS makes every endeavor, but has no legal obligation, to monitor, edit or remove content that it determines in its discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Use.
  • 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

  • 10.1. For collection, use and processing of personally identifiable data of the User of the ABIS Web site, ABIS shall comply with applicable laws on data privacy protection and the ABIS Web site Data Protection Privacy Policy, which is available per hyperlink on the ABIS Web site and/or on www.abis-global.org
  • 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.
  • 11.3. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Belgium, to the exclusion of its conflict of laws rules. The place of jurisdiction on any such dispute shall be Brussels, Belgium.

 

12. Termination

  • 12.1. The Terms of Use are effective unless and until terminated by either ABIS or the User.
  • 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

Questions about the Terms of Use should be sent via e-mail at info@abis-global.org.

 

 

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