THIS AGREEMENT is entered into between you (the “User”) and the Association of European Lawyers (“AEL”) and sets out the terms and conditions for your access and use of the pages of the website of AEL at URL http://www.europeanlawyers.org (the “Website”). Please take a moment to read these terms and conditions carefully.
By accessing and using the Website you agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these terms and conditions you should not access or use the Website.
These terms and conditions may be updated by AEL in its absolute discretion from time to time. Publishing updated versions of the terms and conditions on the Website shall constitute notice to you.
The Website, and all the information and graphic representations or images on it, is owned by, or licensed to, AEL. The copyright and all other intellectual property rights in the text, artwork, graphics or images on the Website is the sole and exclusive property of AEL or its licensors. You are permitted to view the Website on your computer screen and print its contents on your printer without charge for your personal use only. Without the prior written consent of AEL, no part of the Website (or its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any form or by any means, electronic, mechanic or otherwise, including electronic reproduction by “uploading” or “downloading” other than for the sole purpose of viewing its content.
You acknowledge that AEL has no obligation to provide the Website to you or to ensure that you are able to access or use the Website. AEL reserves the right in its absolute discretion and without notice to you to deny you access to all or part of the Website or to terminate or suspend all or part of the Website or any relationship you may have with it at any time.
The Website may contain bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively called “Communities”). You agree to use the Communities only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a Community, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights to them or have received all necessary consents;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• Advertise or offer to sell any goods or services for any commercial purpose;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in that way;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; and
• Restrict or inhibit any other user from using and enjoying the Communities.
AEL reserves the right in its absolute discretion to terminate or suspend your access to any or all of the Communities at any time without notice to you.
AEL members only are permitted to use the Communities and information held therein. Any lawyer leaving a member firm is not permitted to access the AELonline members area.
AEL has no obligation to monitor the Communities. However, AEL reserves the right in its absolute discretion at all times to edit, refuse to post or to remove any information or materials, in whole or in part, and disclose any information or materials necessary to satisfy any applicable law, regulation, legal process or governmental request.
You acknowledge that all Communities are public and not private communications, and therefore that your communications may be read by others without your knowledge. AEL does not control or endorse the content, messages or information found in any Community and specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Forum managers and hosts are not authorised to speak for AEL, and their views do not necessarily reflect those of AEL.
By posting messages, updating profile information, uploading files, inputting data, or engaging in any other form of communication through this Website, you are granting AEL permission to:
• Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from or transfer the communication; and
• Sub-license or sub-contract to third parties the unrestricted right to exercise any of these rights.
These grants shall include the right to exploit any proprietary rights in any such communication, including but not limited to rights under copyright, trade mark, service mark or patent laws under any relevant jurisdiction.
In preparing the Website, AEL has endeavoured to offer current, correct and clearly expressed information. However, AEL cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
AEL makes no representations or warranties of any kind, express or implied, about the suitability, reliability, timeliness and accuracy with respect to the Website or the information, products, services or related graphics contained on this Website for any purpose. All such information, products, services or related graphics are provided “as is” and without warranty of any kind. Any reliance you place on any such material is therefore strictly at your own risk. AEL expressly disclaims all representations and warranties with regard to the information, products, services and related graphics including without limitation warranties of technical efficiency, availability, non-infringement, completeness, satisfactory quality and fitness for a particular purpose.
Notwithstanding anything in these terms and conditions, AEL does not disclaim liability for death or personal injury caused by its own negligence.
• Not to use the Website for any purpose that is unlawful, unauthorised or prohibited by these terms and conditions;
• Not to use or interfere with the Website so that all or part of it could be damaged, rendered less efficient, corrupted or in any way impaired;
• Not to use the Website in a manner that constitutes an infringement of any third party rights (including without limitation rights of copyright or trade mark);
• Not to use the confidential information held for member information only on AELonline without prior written permission from AEL.
• That if you have any right, claim, or action against any other user or any third party arising out of the use of the Website that you will pursue it independently of and without recourse to AEL; and
• To indemnify and keep indemnified AEL against all claims, liabilities, damages, costs and expenses (including legal fees) arising out of any use, misuse or breach of the Website or your obligations under these terms and conditions.
You agree that you use the Website entirely at your own risk.
AEL shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatever including, without limitation, damages for loss of use, data or profits, arising from the use or access of, or inability to use or access, interruption or availability of the Website, its operation or transmission, the provision of or failure to provide information or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on a contract, tort, strict liability or otherwise, even if AEL has been advised of the possibility of damages.
Due to the nature of the site and the ability to upload and download information, AEL has no responsibility for the safety of the User’s IT equipment; it is the User’s responsibility to maintain up-to-date virus protection and take necessary steps to ensure User’s IT equipment is sufficiently protected at all times.
If you are dissatisfied with any part of the Website or with any of these terms and conditions of use, your sole remedy except as specifically provided in these terms and conditions, is to discontinue using the Website.
The Website contains links to websites operated by parties other than AEL (“Third Party Websites”). These links are provided for your convenience only. AEL does not control the Third Party Websites, and is not responsible or liable for their content or any links contained in the Third Party Websites or any changes or updates to them. The provision by AEL of a link to a Third Party Website does not constitute any authorisation by AEL to you to access material held at that location nor is it evidence of any endorsement or approval by AEL of the material held there. AEL accepts no responsibility or liability for the accuracy, copyright compliance, legality, decency of any information or the privacy of your personal information on such websites, as these are beyond the control of AEL.
You agree that you will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without the prior written consent of AEL.
Use of the Website is subject to the laws of England and Wales, and the non-exclusive jurisdiction of the English Courts.
AEL’s performance of the agreement constituted by these terms and conditions is subject to existing laws and nothing in these terms and conditions derogates from AEL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided or gathered by AEL with respect to that use.
This agreement constitutes the entire agreement between you and AEL with respect to the Website, and supersedes any prior understandings or agreements regarding the Website.
If any provision in these terms and conditions is determined to be invalid or unenforceable under applicable law, it will be replaced by a valid, enforceable provision that most closely matches the intent of the original unenforceable provision, and the remaining provisions shall continue to be enforceable to the fullest extent permitted by law.
© Association of European Lawyers 1989 – 2009. All rights reserved.