III. TERMS OF USE
1. Binding Agreement
BEFORE USING THIS WEBSITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY.
The present Terms constitute a legally binding agreement between any Member or User of ArbitralWomen’s Website and ArbitralWomen regarding the use of and access to the Website.
ArbitralWomen Website is comprised of various webpages operated by ArbitralWomen. You may navigate the Website conditional upon Your acceptance without modification of the present Terms. Your use of the Website constitutes Your agreement to all Terms and supersedes any prior agreements. Should You not agree to these Terms, You may not use the Website nor its features.
ArbitralWomen's performance of these Terms is subject to existing laws and legal process, and nothing contained therein is in derogation thereof.
These Terms apply to the Website and govern, without limitation, data collection and usage.
Members agree that no partnership, employment or agency relationship exists between them and ArbitralWomen as a result of these Terms, Membership or the use of the Website.
The Website, these Terms and all related documents are in English, and communications are mainly in English. However, Content may be posted in other languages.
2. Modification of these Terms
ArbitralWomen may revise these Terms at any time and from time to time in its sole discretion. The revised or amended Terms shall be effective upon posting. If you have subscribed to receive our newsletters and/or information about our events, you will be informed of any change and we may, as the case may be, require your consent to continue sending you emails.
The last update of these Terms has been made in June 2018.
3. Severability
If any provision of these Terms is determined to be invalid or unenforceable in part or in whole pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue to be in effect.
4. Access Restriction
Use of the Website is not authorised in any jurisdiction that does not give full effect to the provisions of these Terms.
In the event a Member or User fails to comply with these Terms, ArbitralWomen shall have the right to terminate such Member’s or User’s access to the Website.
5. No Unlawful or Prohibited Use
Members and Users warrant and agree that, while using the Website and the services, features and functionalities offered on or through the Website, they shall not, without limitation:
- Use the Website for any purpose that is unlawful or prohibited by these Terms;
- Use the Website in any manner which could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Website;
- Obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Website;
- Make available in any way any Content that is unlawful, harmful, abusive, harassing, tortious, defamatory, discriminatory, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable, threatening or otherwise violating legal rights;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through ArbitralWomen;
- Make available in any way any Content that Members and Users do not have a right to make available under any law or under contractual or fiduciary relationships;
- Make available in any way any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Make available in any way any unsolicited or unauthorised advertising, promotional materials, junk mail, spam or chain letters;
- Make available in any way any Content that contains software viruses, corrupted files or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Harvest or otherwise collect information about Members or Users, including email addresses, without their consent;
- Violate any code of conduct or other guidelines which may be applicable for any particular communication service;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Download, copy or use personal data for commercial purposes or for advertising;
- Transmit lists of Members, unless prior authorisation is duly provided by ArbitralWomen’s Board.
Members and Users acknowledge that, upon discovering any violation, ArbitralWomen shall have the right, immediately and without prior notice, to remove any Content that violates these Terms or is otherwise objectionable.
ArbitralWomen further reserves the right to terminate access to the Website of any Member or User who violates these Terms.
6. Intellectual Property
ArbitralWomen Website is protected by intellectual property rights. All rights reserved.
ArbitralWomen owns without limitation:
- All rights and interest in the Website;
- All material including illustrations, graphics, videos, texts, software, codes, data and materials, and the design and construction of the Website;
- All copyrights, trademark, patent, database, moral, and sui generis rights and other intellectual property and proprietary rights therein.
Your use of the Website does not grant You any rights on any of ArbitralWomen’s rights.
All names, company names, logos, service and/or trademarks mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners.
ArbitralWomen does not claim ownership of the Content posted on the Website.
By posting, uploading, inputting, providing or submitting Content You grant ArbitralWomen and the Website Users permission to download or transmit the Content, but not to distribute or display it on other websites or media, or to reproduce, edit, translate, reformat or publish said Content, unless expressly so authorised by the intellectual property rights holder.
ArbitralWomen respects the intellectual property rights of others, and require that Members, partners and Users do the same.
If You believe that Your work has been copied in a way that infringes Your intellectual property rights, please forward the following information via the “Contact us” link:
- Your address, telephone number and email address;
- A description of the protected work that You claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by You that You have a good faith belief that the disputed use is not authorised by You, the holder of the intellectual property rights, its agent, or by law;
- An electronic or physical signature of the person authorised to act on behalf of the holder of the intellectual property rights; and
- A statement by You that the above information is accurate and that You are the holder of the intellectual property rights or authorised to act on behalf of the holder of the intellectual property rights.
7. Restriction of Liability
ArbitralWomen only provides the infrastructure to host information regarding Members’ practice in international dispute resolution and has limited liability in its capacity as a hosting provider under EU law.
In no event shall ArbitralWomen or any of its directors, officers, employees, agents, consultants, parents, affiliates, successors, assigns or service providers assume responsibility or be liable for any direct or indirect, incidental, special, consequential or exemplary damages, including but not limited to for any computer virus, loss of profits, alleged loss of credibility or damage to personal image, use, data or other intangible losses, or any other inconvenience resulting from or in connection with the use of or the inability to use the Website, reliance on the Website, or the Content, materials and functions related thereto, or any other matter relating to this Website, including, without limitation, any failure of performance, error, omission, interruption or defect.
Members, partners and Users expressly understand and agree that ArbitralWomen shall in no way be liable to them under any circumstances. By agreeing to use the Website, Members, partners and Users agree to defend, indemnify and hold ArbitralWomen, its officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from the use of the Website or through it.
The Website is provided "as is" and "as available," without warranty or condition of any kind, either express or implied. Without limitation of the foregoing ArbitralWomen specifically disclaims any and all warranties, including, but not limited to any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or other of the Website, including but not limited to the online services and web files, and the Content thereon, and any warranties of title, warranty of non-infringement, warranties or conditions of merchantability or fitness for a particular purpose.
ArbitralWomen does not guarantee that the information and/or the material on its Website is free from software viruses or the like. ArbitralWomen assumes no responsibility or liability for direct, indirect or consequential damages, loss of profit or any other inconvenience caused on account of any such viruses or the like.
The information on the Website shall in no event be considered or relied upon as legal advice.
No ArbitralWomen Member, partner or User or any other person is authorised to represent ArbitralWomen or speak on behalf of ArbitralWomen’s Board unless expressly set out in our By-Laws or otherwise agreed in writing.
8. Hyperlinks
Hyperlinks to other websites are provided for convenience only.
These websites are not reviewed, controlled or examined by ArbitralWomen in any way and ArbitralWomen assumes no responsibility for the content, privacy policies and practices of any such linked sites, including without limitation, any additional links contained therein.
ArbitralWomen encourages You to review the privacy statements of websites You provide a link to from ArbitralWomen’s Website as You are responsible for understanding how those websites collect, use and share Your information. ArbitralWomen is not responsible for the privacy statements or any other content on websites outside of ArbitralWomen’s Website.
The hyperlinks do not imply ArbitralWomen's endorsement of, or association with, the linked sites.
9. Suspension and Maintenance of the Website
ArbitralWomen reserves the right, at any time and in its sole discretion, to suspend or stop in whole or in part the access to its Website, mainly for maintenance, operational requirements, or emergency cases.
ArbitralWomen also reserves the right, at any time and in its sole discretion, to delete or to modify any content related to management of the Website, especially for technical or practical reasons.
ArbitralWomen shall incur no liability for such suspension or stoppage, which pursuant to paragraph 7 above, shall not give rise to any claims for damages or indemnities by any Member, partner or User.