Frankfurt am Main, 16 May 2018
Terms & Conditions
By using this site, you signify your consent to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the site or download and use any materials from the site.
These Terms and Conditions also include the KETBIO Email Disclaimer.
1. Applicable Terms
1.1 This website (the “Site”) is owned and operated by KETBIO, an EU-funded Horizon 2020 project coordinated by DECHEMA e.V., a Germany registered non-profit organization located at Theodor-Heuss-Allee 25, 60486 Frankfurt am Main.
1.2 Use of the Site and the downloading and use of any branding and materials which are made available for download from the KETBIO (the “Branding”) constitutes your acceptance of these Terms and Conditions, which take effect immediately on your first use of the Site. KETBIO reserves the right to change these Terms and Conditions at any time by posting changes online.
1.3 You are responsible for regularly reviewing information posted online to obtain timely notice of any changes. Your continued use of the Site after changes are posted constitutes your acceptance of these Terms and Conditions as modified by the posted changes.
1.4 If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on the Site relating to specific material then the latter shall prevail.
2. Use of Materials and Branding
2.1 Unless otherwise indicated the contents of the Site, including the names, images and logos identifying KETBIO and its products and services, and the Branding, are the property of KETBIO and are protected, without limitation, as copyright works, and/or registered and unregistered trade marks, and may only be used in accordance with 2.3 below.
2.2 You, and the business/organisation you represent, must register with KETBIO and create an account in order to use some of KETBIO's services. You can create your own KETBIO account and/or an account for your business/organisation at http://www.ketbio.eu and manage it through your user profile. It is your responsibility to keep your details and those of your business/organisation up to date on the user profile. In these Terms and Conditions, references to ‘you’ shall refer to both the individual user as well as the business/organisation that is represented by the individual user or that is a registered user itself.
2.3 Subject always to 1.4, material produced by KETBIO on the Site (which for the avoidance of doubt does not include material on any linked website of a third party) and the Branding, may be copied or downloaded for your own use within provided
(i) that all use of Branding must be strictly in accordance with the applicable brand guidelines, and
(ii) other than with KETBIO’s prior written consent and in full compliance with any terms that KETBIO may require, you may not:
2.3.1 host any material or Branding or a variation of it on any website; or
2.3.2 adapt, alter or create a derivative work from any of the material or Branding; or
2.3.3 use the material or Branding in any commercial manner including incorporating any of KETBIO’s Branding on any merchandise or promotional items
2.4 The Branding may only be downloaded by the holder of a KETBIO account.
2.5 These Terms and Conditions permit use of the materials and the Branding only within Europe. If you wish to use the materials or Branding outside Europe please contact KETBIO to arrange a specific licence for use.
3.1 KETBIO does not warrant that the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
3.2 This Site and the information, names, images, pictures, logos and icons regarding or relating to KETBIO, its products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied.
3.3 Whilst KETBIO makes every effort to guarantee the accuracy of information contained within this Site, it accepts no liability for any inaccuracies and visitors to the Site who rely on this information do so at their own risk.
3.4 KETBIO is not responsible for the contents or reliability of any linked websites and does not necessarily endorse the views expressed within them. Linking shall not be taken as endorsement of any kind.
3.5 Nothing in these Terms and Conditions shall operate or be construed so as to exclude or restrict:
3.5.1 any warranty or condition implied by statute in the event of your dealing as a "user"; or
3.5.2 the liability of KETBIO for death or personal injury caused by reason of the negligence of KETBIO or of its servants, employees or agents.
3.6 Save as set out in 3.5, in no event will KETBIO be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site.
3.7 In no event shall KETBIO's total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the costs incurred by you, if any, for accessing the Site.
4. Your Contributions
4.2 By submitting your contribution to the Site, you also:
4.2.1 warrant that such contribution is your own original work and that you have the right to make it available to KETBIO for all the purposes specified above; and
4.2.2 indemnify KETBIO against all legal fees, damages and other expenses that may be incurred by KETBIO as a result of your breach of the above warranty; and
4.2.3 agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the other purposes specified above; and
4.2.4 acknowledge and agree that it may be copied or downloaded by users pursuant to 2.3.
5. Use of the Site
You agree to use the Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site.
6. Termination of Usage Rights
6.1 These Terms and Conditions will continue to apply to your use of the Site and your access to and use of the materials and Branding on the Site unless and until KETBIO notifies you that your access has been terminated and your account has been closed. KETBIO reserves the right to close your account and block your access to the Site and the materials and Branding on the Site at any time in its sole discretion, but is only likely to do so if it considers that you have materially failed to comply with these Terms and Conditions.
6.2 Upon closure of your KETBIO account you must immediately stop using all materials and Branding obtained from the Site and all copies thereof, if required by KETBIO to do so.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
8.1 The Site is controlled and operated by KETBIO from its office in Germany. KETBIO makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany. Disputes arising from these Terms and Conditions shall be exclusively subject to the jurisdiction of the courts of Germany.
9. Email Disclaimer
9.1 The contents of any email (including attachments) sent from KETBIO are confidential and subject to copyright. It is intended only for the use of the individual or entity to which it is addressed. If you have received an email in error, please contact the sender immediately by returning the email, and then delete it (including any attachments) from your system. If you are not the intended recipient of the email, any disclosure, copying, distribution or use of its contents is strictly prohibited.
9.2 KETBIO uses anti-virus technology to check all outgoing messages but cannot guarantee the absence of viruses and KETBIO does not accept liability for any virus introduced by any email or any attachment and you are advised to use appropriate and up-to-date virus checking software.
9.3 KETBIO cannot accept any responsibility for the accuracy or completeness of the contents of any email as it has been transmitted over a public network and Internet communications are not secure. If verification is required, please request a hard copy.
9.4 Except where the email is sent in the usual course of business, the views and opinions expressed in any email message are those of the individual sender and do not necessarily reflect the views and opinions of KETBIO.
9.5 KETBIO reserves the right to monitor incoming and outgoing emails in accordance with the German data protection law and / or for the purposes of quality control and / or training purposes.
9.6 Email is sent to the recipient at the request of, or in response to, the intended recipient's expressed interest in KETBIO activities. KETBIO wishes to retain your contact information for the purpose of making future contact with you about KETBIO activities and aims. If you do not wish your contact information to be kept, you may let KETBIO know by sending an email to email@example.com with your specific request to opt-out of such contacts