TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. The eStandardsForum Website (the "Site") is offered for your use subject to your acceptance, without modification, of the following terms, conditions, and notices (the "Terms and Conditions of Use") and all applicable laws. Your use of the Site constitutes your personal agreement to be bound by these terms and conditions. If you do not agree with any part of the following Terms and Conditions of Use, you must not use this Site.
1. COPYRIGHT AND TRADEMARK OWNERSHIP. All contents of the Site are: Copyright © 2008, eStandardsForum. ("eStandards"). All rights reserved. All trademark, logos and service marks displayed on the Site (the "Marks") are the property of eStandards and third parties. Nothing contained on this Site should be construed as granting any license or right to use any of the trademarks without the written permission of eStandards or such other party that may own the Marks.
2. USE OF SITE. As a user of this Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the materials on the Site in accordance with these Terms and Conditions of Use. You may only use this Site to retrieve and view information about international financial standards and related materials, including, without limitation, technical assistance, analysis reports, and other strategic and consulting services, and to access, read and submit comments in the subscriber's discussion forum. This Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of eStandards as long as this occurs with proper acknowledgment of the origin of the content.
3. USER SUBMISSIONS. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is considered to be non-confidential and non-proprietary, and does not entitle you to any compensation, financial or otherwise. eStandards is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever. eStandards is under no obligation to monitor or review discussion, chats, postings, transmission, bulletin boards or the like on the Site, and you acknowledge that reliance on material posted by other users will be at your own risk. If notified by a user of communications that allegedly do not conform to this agreement, eStandards may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Neither eStandards nor its third party providers has any liability or responsibility to users for the performance or nonperformance of such activities. eStandards reserves the right to expel users and prevent their further access to the Site for violating this agreement or the law, and reserves the right to remove communications that are abusive, illegal or disruptive. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
4. LINKED SITES. This Site contains links to websites operated by parties other than eStandards. The links are provided solely for your convenience and do not constitute an endorsement of the content of the linked sites. eStandards does not control the linked third party sites, is not responsible for the content and accepts no liability for the use of any such third party sites. If you decide to access linked third party sites, you do so at your own risk.
5. DISCLAIMER OF WARRANTIES. THE SITE, CONTENT, CODE, ACCESS AND OTHER FEATURES OF THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO AN IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. WHILE ESTANDARDS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION, THE INFORMATION PROVIDED ON THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ESTANDARDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS PROVIDED OR ABOUT THE RESULTS OBTAINED FROM USING THE INFORMATION PROVIDED IN MAKING INVESTMENT OR OTHER FINANCIAL DECISIONS.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL ESTANDARDS OR ANY OF ITS THIRD PARTY PROVIDERS BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL ESTANDARDS OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF USE), REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (1) ANY USE OF OR RELIANCE ON THE SITE OR CONTENT, (2) ANY FAILURE, OMISSION OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE), OR (3) THE PERFORMANCE, OR NON-PERFORMANCE BY ESTANDARDS OR ITS THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
7. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the following designated agent:
Matt Zimmer
eStandardsForum
420 Lexington Ave, Suite 300
New York, New York 10170
Email: matt.zimmer@eStandardsForum.com
Fax: 212-479-2538
To be effective, the notification must be a written communication that includes the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered be a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. GENERAL. This Agreement and its performance shall be governed by the laws of the State of New York without regard to its conflict of laws provisions and of the United States of America. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The terms and conditions herein shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
9. MODIFICATION AND ACCEPTANCE OF TERMS AND CONDITIONS. These Terms and Conditions of Use may be modified by eStandards at any time, without prior notice, by posting the entire amended and restated Terms and Conditions of Use on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications.