Clause de non-responsabilité
Agreement between you and Meetingselect BV
The Meetingselect BV website is operated by Meetingselect BV, a Dutch company. This Terms of Use and Notices applies to the Meetingselect BV’s website and not to any website content of third parties.
Meetingselect BV personal account, password and security
To have a Meetingselect personal account you must complete the registration process by providing us with current, complete and accurate information as prompted by the application forms for planners and supplier managers. You then will be assigned a temporary user name and password which you can change. You are responsible for maintaining the confidentiality of your user name and password. You are responsible for any and all activities that occur under your account name. You agree to notify Meetingselect BV of any unauthorized use of your personal account or any other security issues. Meetingselect BV will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Meetingselect BV or other parties due to someone else using your personal account.
Modification of these terms of use
Meetingselect BV reserves the right to change the terms, conditions, name and domain name of the Meetingselect website and notices under which the Meetingselect BV services are offered, including but not limited to the charges associated with the use of the Meetingselect website, listing agreements and RFP forms. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Meetingselect website. Your continued use of the Meetingselect website and your personal account constitutes your agreement to all such terms, conditions and notices.
Personal account use limitation
Unless otherwise specified, the Meetingselect website is for your personal or company use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information on the Meetingselect website except in the process of conducting the business for which Meetingselect BV was designed to perform: listing facilities for group and meeting events and for researching by planners for suppliers to hold group and meeting functions. Without the advance express written permission of Meetingselect BV BV, you may not meta-search the Meetingselect website, send or cause to be sent, any automated queries of any sort or use the Meetingselect website in any commercial manner other than searching for suppliers for your meetings or groups. Automated queries shall include but not be limited to using any software that sends queries to the Meetingselect website to determine how the site ranks or to scrap data from the site.
Links to third party websites
The Meetingselect website contains images of and links to third party websites (linked sites through listings and paid advertising.) The linked sites are not under the control of Meetingselect BV and neither is responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Meetingselect BV is not responsible for any form of transmission received from any linked site neither is Meetingselect BV responsible for the functionality of a linked site. Meetingselect BV provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Meetingselect BV of the site or any association with its operators.
Any dealings with third parties listed on the Meetingselect BV site (including advertisers) or participation in offers, promotions, including the delivery of and the payment for goods and /or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other listed third party site. Meetingselect BV shall not be responsible or liable for any part of any such dealings or promotions.
Use of services
The Meetingselect website contains or may contain: e-mail addresses, bulletin boards, forums, supplier web pages, calendars, photos, file storage and/or other message or communication tools designed to enable you to communicate with listed facilities or planners or other members with personal accounts. You agree to use these services only to post, send and receive messages and material that are proper and, when applicable, related to the particular the terms and use of the Meetingselect website. You agree that when using the above listed services you will not:
• Use these services in connection with surveys, contests, pyramid schemes, chain letters, junk email, "spamming" or any duplicative or unsolicited messages (commercial or otherwise).
• 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, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. By uploading said materials you are confirming that you have such said rights.
• Use any material or information, including images or photographs, which is made available through the Meetingselect website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. By uploading said materials you are confirming that you have such said rights.
• Upload files that contain viruses, or any other similar software or programs that may damage the operation of another's computer or the Meetingselect website.
• Use of meta tag searches on the Meetingselect website.
• Advertise or offer to sell or buy any goods or services for any business purpose, except as allowed by the Meetingselect website and its agreements.
• Restrict or inhibit any other user from using and enjoying the services of Meetingselect BV.
• Harvest or otherwise collect information about others, including but not limited to e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading Meetingselect BV or others.
• Use, download, copy, or provide (whether or not for a fee) to a person or entity any directory of users or facility listings of Meetingselect BV.
• Meetingselect BV has no obligation to monitor the services offered. However, Meetingselect BV reserves the right to review materials posted to the Meetingselect website and remove any materials at its sole discretion it feels are not suitable or of questionable rights.
• Meetingselect BV reserves the right to terminate your access to any or all of the services at any time, without notice, for any reason whatsoever.
Meetingselect BV reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit, refuse to post or to remove any information or materials, in whole or in part.
Meetingselect BV specifically disclaims any liability with regard to the services and any actions resulting from your participation in any of its services.
Materials provided to Meetingselect BV which are posted on the website
Meetingselect BV claims ownership of the materials you provide to Meetingselect BV including: listing information, feedback and suggestions or postings, uploads, photographs, input or submissions to the Meetingselect website, for review by the public, or by the members or planners. By posting, uploading, inputting, providing submitting ("Posting") your listing or submission you are granting Meetingselect BV permission to use your listing or submission in connection with the operation of their Internet businesses without limitation, including, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your listing or submission; to publish your name or supplier name in connection with your listing or submission; and the right to sublicense such rights to any supplier Meetingselect BV in the furtherance of achieving the objective of bring meeting planners and suppliers together.
No compensation will be paid with respect to the use of your Listing or Submission, as provided herein. Meetingselect BV is under no obligation to post or use any listing or submission you may provide. Meetingselect BV may remove any listing or submission at any time at its sole discretion. By posting a listing or submission you warrant and represent that you own or otherwise control all of the rights to your listing or submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the listing or submission.
Liability Disclaimer
The information available on Meetingselect BV may include inaccuracies or typographical errors. Changes are periodically made to the Meetingselect website and to the information therein. Meetingselect BV and/or its respective suppliers may make improvements and/or changes in the Meetingselect website at any time. Advice received via the Meetingselect website i.e. listings, articles, comments or other posts, should not construed as the opinions of Meetingselect BV and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses and accuracy of the information, services and related graphics contained within the Meetingselect website for any purpose. All such information, related graphics are provided "as is" without warranty of any kind. Meetingselect BV and/or its respective suppliers hereby disclaim all warranties and conditions with regards to this information, and related graphics.
You specifically agree that Meetingselect BV shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Meetingselect BV. You specifically agree that Meetingselect BV is not responsible or liable for a any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Meetingselect BV is not responsible for any content sent using Meetingselect BV by any third party.
In no event shall Meetingselect BV and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Meetingselect Website, with the delay or inability to use the Meetingselect website or related services, the provision of or failure to provide services or for any information, services and related graphics obtained through the Meetingselect website, or otherwise arising out of the use of the Meetingselect website whether based on contract, tort, negligence, strict liability or otherwise, even if Meetingselect BV or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Meetingselect BV, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Meetingselect website.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Meetingselect BV may establish limits concerning use of any personal account offered including without limitation the maximum number of days that e-mail messages or RFP’s will be retained by Meetingselect BV, the maximum number of e-mail messages or RFP’s that may be sent from or received by an account on any Meetingselect website, the maximum size of an e-mail message or RFP’s that may be sent from or received by an account on the Meetingselect website, the maximum disk space that will be allotted on Meetingselect BV servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access the Meetingselect BV service in a given period of time.
You agree that Meetingselect BV has no responsibility or liability for the deletion, corruption or failure to store any messages, RFP or other content maintained or transmitted by the Meetingselect website. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Meetingselect BV service may change at any time. You acknowledge that Meetingselect BV reserves the right to sign out, terminate or delete your accounts for the Meetingselect website that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by Meetingselect BV, at its sole discretion. The amount of time that Meetingselect BV currently considers as an "extended" period of time is determined based on the general activity for personal accounts.
Meetingselect BV makes no warranty that any Meetingselect BV service will be uninterrupted, timely, secure or error-free.
TERMINATION/ACCESS RESTRICTION
Meetingselect BV reserves the right, in its sole discretion, to terminate your access to Meetingselect BV services without notice. Meetingselect BV may also terminate or suspend your access to Meetingselect BV for inactivity, as set forth, above, in "Storage Space and Other Limitations." Meetingselect BV shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
Meetingselect BV may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Meetingselect BV liquidated damages of five euros (EUR 5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay Meetingselect BV’s actual damages, to the extent such actual damages can be reasonably calculated.
GENERAL
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the Dutch Government, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the laws of the Dutch Government. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in The Netherlands in all disputes arising out of or relating to the use of the Meetingselect website.
Meetingselect BV reserves the right to disclose any personal information about you or your use of the Meetingselect website, including its contents, without your prior permission if Meetingselect BV has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Meetingselect BV or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Meetingselect BV's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Meetingselect BV's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Meetingselect website or information provided to or gathered by Meetingselect BV with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Meetingselect BV with respect to the Meetingselect BV personal account and facility listing account and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Meetingselect BV with respect to the Meetingselect BV personal account and facility listing account. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONSENT TO RECEIVE ALL INFORMATION IN ELECTRONIC FORM
You agree that by accepting the terms in this agreement, you consent to receive required information, and any other information provided to you from Meetingselect BV, solely by electronic communication. You confirm that you have provided Meetingselect BV a current e-mail address for receiving required information.