TERMS & CONDITIONS FOR PARTICIPANTS IN ONLINE SEMINARS, CONFERENCES, TRAINING AND WORKSHOPS (“sessions”).
NOTICE – PLEASE READ CAREFULLY: YOUR PARTICIPATION IN ONLINE SESSIONS HOSTED BY EECCOON B.V. IS CONDITIONAL UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT (the “Agreement”) is between EECCOON (“eeccoon”) and the individual or legal entity (“you” or the “Customer”) purchasing access to a specific internet-based session or series of sessions hosted on a website controlled by eeccoon (the “Services”). By purchasing, accessing or otherwise using the Services, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the terms and conditions of this Agreement, do not use the Services.
SERVICES PROVIDED BY EECCOON
These Terms and Conditions govern the purchase of access and participation in web-based sessions hosted. By purchasing access or using the Services, you agree to be bound by these Terms and Conditions. eeccoon has the right to alter, expand or reduce the features of the Services at its discretion. you shall provide all user information required by eeccoon to process any purchase of session access and allow you to participate in sessions.
eeccoon may, for operational reasons, vary from time to time the technical specifications of the Services or the methods of access to the Services.
USE OF SERVICE
If eeccoon requests registration information from you, you will provide eeccoon with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If eeccoon issues you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify eeccoon of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of any session.
eeccoon will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying eeccoon’s websites and the Services are the property of eeccoon and its partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying eeccoon’s websites or the Services. you agree not to modify the software underlying eeccoon’s websites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to eeccoon’s websites or sessions.
Without limiting the foregoing, you agree that you will not take any of the following actions while using eeccoon’s websites or participating in any session:
a) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
b) Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
c) Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, eeccoon websites, any software or hardware, or telecommunications equipment;
d) Advertise or offer to sell any goods or services for any commercial purpose unless you have eeccoon’s written consent to do so;
e) Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
f) Download any file that you know or reasonably should know cannot be legally obtained in such manner;
g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
h) Restrict or inhibit any other user or session participant from using, participating in or enjoying any public area within eeccoon websites or the participation in any session;
i) Collect or store personal information about other end users or session participants;
j) Interfere with or disrupt eeccoon websites, servers, sessions or networks;
k) Impersonate any person or entity, including, but not limited to, a eeccoon employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
l) Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through eeccoon websites or to manipulate your presence on eeccoon websites;
m) Take any action that imposes an unreasonably or disproportionately large load on eeccoon infrastructure;
n) Engage in any illegal activities;
o) Record or tape a session, the Services or any part thereof.
Resell, attempt to resell or otherwise generate income from the Service unless prior written approval is granted by eeccoon.
You agree to use all methods of communication provided by eeccoon for members of the public or session participants, including without limitation any bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in eeccoon’s sole discretion, is obscene, indecent, abusive or that might otherwise subject eeccoon to public disparagement or scorn, eeccoon reserves the right, without prior notice to you, to automatically change your username, delete your posts from any Forum or eeccoon’s websites, deny you access to the Services or any or all eeccoon’s websites, or any combination of these options.
Unauthorized access to any eeccoon’s websites or sessions is a breach of these Terms and a violation of the law. You agree not to access eeccoon’s websites or sessions by any means other than through the interface that is provided by eeccoon for that purpose. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services or eeccoon’s websites, except those automated means that we have approved in advance and in writing.
Access to the Services and use of eeccoon’s websites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services or any of eeccoon’s websites.
eeccoon may terminate your right to use the Services or participate in sessions without notice if eeccoon has a reasonable belief that you are violating or will violate any of the provisions of this Agreement, including without limitation any provision of section 2.03 herein. Your right to use eeccoon’s services ceases immediately upon termination.
3.01 Charges and Invoicing.
Payment for session services must be made in full at the time you purchase access. If you do not make payment, you will not be given session access.
3.02 Taxes, Fees and Surcharges.
In addition to the rates for the Service, Customer shall pay all applicable fees, duties, tolls, surcharges or governmental taxes now or in the future that are attributable to the Services and included on the customer’s billing.
A refund of 50% of total amount charged on first invoice is granted on cancellation of a confirmed session, which is cancelled up to 2 weeks before the scheduled date of the session. Cancellation of a confirmed session between 1 and 2 weeks before the scheduled date of session will give a refund of 25% of total amount charged on first invoice. No refund on confirmed sessions when cancelled within one week of the scheduled session.
INDEMNIFICATION AND LIMITATIONS OF LIABILITY
You hereby agree to indemnify, defend and hold eeccoon and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “eeccoon Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any eeccoon Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
a) Your use of the Services or eeccoon sites;
b) Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
c) Any content that you submit to eeccoon websites or share as a session participant;
d) Your connection to eeccoon websites or any session;
e) Your violation of these Terms;
f) Your violation of the rights of any other person or entity.
eeccoon reserves the right, at eeccoon’s own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify eeccoon, and you agree to cooperate with eeccoon’s defense of these claims.
eeccoon disclaims any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any session, information or material. eeccoon disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from eeccoon websites or the Services. eeccoon disclaims any responsibility for any costs incurred by you to access the internet in order to use the Services. eeccoon disclaims any responsibility for, and if you pay to participate in any session you will not be entitled to a refund as a result of, any service outages that are caused by maintenance on the servers or the technology that underlies eeccoon’s websites, failures of eeccoon’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
eeccoon does not warrant that the Services will be uninterrupted or error free. In addition, eeccoon does not make any warranty as to the content provided in the Services. The Services and all content thereof are distributed on an “as is, as available” basis. Any material that you download or otherwise obtain through the Services is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any such material. Neither eeccoon nor any of its partners makes any warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material that you purchase or obtain through the Services will meet your expectations, and (v) any errors will be corrected. Neither eeccoon nor any of its partners makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Services or any part or aspect thereof. you expressly agree that you will assume the entire risk as to the quality and the performance of the Services and the accuracy or completeness of its content.
4.04 Limitation of Liability.
Neither eeccoon nor its partners shall be liable for any indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Services, even if eeccoon has been advised of the possibility of such damages. Customer agrees that all damages are excluded except for the direct damages that are actually incurred by Customer in reasonable reliance, up to the lesser of the amount of a refund of the price Customer actually paid for the specific session(s) with respect to which damages are claimed.
This Agreement is personal to the Customer and may not be assigned.
5.02 Law and Jurisdiction
The laws of the Netherlands shall govern this Agreement.
5.04 Entire Agreement
This Agreement states the entire agreement between the parties and supersedes all prior representations, agreements, proposals, correspondence, discussions, meetings, negotiations and/or any other understandings relating to its subject matter.
eeccoon may modify this Agreement at any time in its absolute discretion. The current version of this Agreement will always be posted on eeccoon’s website, together with the date on which the Agreement was last modified. By using the Services after the date on which the Agreement was last modified, you are indicating your acceptance of the current version of this Agreement.