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FORGET-ME-NOT Terms and Conditions ========================================= Effective date: July 13, 2018 Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Forget-me-not application and website (the “Service”) operated by the Forget-me-not project consortium (“us”, “we”, or “our”). The consortium consists of 5 international organisations: edEUcation ltd. (UK), WBS Schulen (Germany), UDAF de la Charente (France), A & A Emphasys Interactive Solutions Ltd (Cyprus) and English Unlimited Sp.zo.o (Poland). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Purchases ----------------------------------------- The Forget-me-not project is funded with support of the European Union programme Erasmus+ and as such the product is free to use and requires no purchases. Availability, Errors and Inaccuracies ----------------------------------------- We are constantly updating our products and services on the Service. The products or services available on our Service may be described inaccurately, or unavailable, and we may experience delays in updating information on the Service. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights. Accounts ----------------------------------------- When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard. Please be aware that Site Administrators may view any material posted through this service for moderation and security reasons and that Site Administrators reserve the right to remove any inappropriate material from the platform. Intellectual Property ----------------------------------------- The Service and its original content, features and functionality are and will remain the exclusive property of the Forget-me-not Consortium and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Forget-me-not Consortium. Links To Other Web Sites ----------------------------------------- Our Service may contain links to third-party web sites or services that are not owned or controlled by the Forget-me-not Consortium. The Forget-me-not Consortium has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Forget-me-not Consortium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Termination ----------------------------------------- We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Indemnification ----------------------------------------- You agree to defend, indemnify and hold harmless the Forget-me-not Consortium and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. Limitation Of Liability ----------------------------------------- In no event shall the Forget-me-not Consortium, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Disclaimer ----------------------------------------- Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance. The Forget-me-not Consortium its members, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Exclusions ----------------------------------------- Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will the Forget-me-not Consortium ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the Forget-me-not Consortium or any person for whom the Forget-me-not Consortium is responsible, and even if the Forget-me-not Consortium has been advised of the possibility of such loss or damage being incurred. Governing Law ----------------------------------------- These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Changes ----------------------------------------- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service. Privacy Policy ----------------------------------------- Please refer to our Privacy Policy. You agree that it constitutes part of these terms. You must read our Privacy Policy before you use the Service. Contact Us ----------------------------------------- If you have any questions about these Terms, please contact us.
I Agree to the Terms and Conditions