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European Experts Exchange, the very best site for high-quality IT solutions

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(23-30/01/2010)

 Agreement, Terms & Conditions of Use

BY REGISTERING WITH EUROPEAN EXPERTS EXCHANGE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree with the terms and conditions of this Agreement, do not complete the registration process.

This Member Agreement ("Agreement"), including the Copyright Notices and the Privacy Policy, contains the entire terms and conditions that apply to your use of European Experts Exchange's Services, and its website and/or co-branded websites European Experts Exchange may operate or host from its servers (collectively referred to herein as "Site").

This Agreement may be modified from time to time. This Agreement supersedes any prior agreements. The current version applies to your use of the Services and the Site both now and in the future.


1. Registration

We require a registration process so that you may choose a member name ("Member Name" or "Login" or "Login Name" or "Pseudonym") and a password, and so that we may permit you to use this service. Your Member Name will be used to identify you on European Experts Exchange. You may log in to European Experts Exchange, use the Services or modify your information, only through your Member Name and password. You may have more than one account, or Member Name, if it suits you. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise we have the option of suspending your account with European Experts Exchange.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You agree to notify European Experts Exchange immediately at support@europeanexperts.org of any unauthorized use of your account or any other breach of security you learn about.

To protect your privacy and the privacy of others, European Experts Exchange uses Member Names to identify participants. We couldkeep your email address and other information strictly confidential if enough Members require so. You should refrain from using identifiers in choosing your Member Name and in your postings that would compromise your privacy, such as your email address, URLs, full name, street address, telephone or fax numbers, place of employment, etc.


2. Privacy

You are providing your electronic mail ("email") address for the purposes of registering to access this service. Correctly entering your email address is not important so that you are able to participate in the collaboration process (e.g. for the moment you will not receive email notifications when a problem/question you posted receives a comment.) Very rarely, you will receive information and notices, etc. with information that we deem to be of interest to the members of European Experts Exchange.

For more information regarding European Experts Exchange's protection of your information, please consult European Experts Exchange's Privacy Policy.


3. Guidelines for Use

European Experts Exchange Services and Site are available for use by individuals who are of any age. The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership.

European Experts Exchange Services and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the European Experts Exchange Services or Site for any criminal or illegal activities or any activities that might be legally actionable.

European Experts Exchange reserves the right to determine what constitutes Internet abuse and objectionable conduct. If European Experts Exchange believes, after a democratic vote amongst the Administrators of the Site, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to European Experts Exchange Service.

  • Using a Member Name or posting, transmitting or linking to any text or images that are sexually explicit, pornographic or violent. Please refrain from linking to racially or ethnically objectionable or grossly offensive material.

  • Planning illegal activities, such as building a bomb.

  • Posting with the (visible) intention of purely advertise, promote or offer to sell any goods or services for any commercial purpose.

  • Posting, transmitting or linking to profane language, descriptions of situations or other similar topics.

  • Impersonating any person or using a name that you are not authorized to use could lead to a suspension.

  • Posting, transmitting or linking to statements that are intentionally false or misleading.

  • Misusing the European Experts Exchange point system : passing points for no work will be cancelled.

It IS licit under your personal responsibility to :
  • Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights.

  • Planning creating computer viruses, counterfeiting money or pirating software, Serial Numbers of products for which you do not have a registered license.

  • Advertising, promoting or offering to sell any goods or services as long as it fits the current Question's topic.

  • Soliciting individuals for employment other than in designated areas. (for example in a discussion thread)

  • Soliciting individuals to join other services comparable to or competitive with European Experts Exchange.

  • Posting links in open questions or in personal profiles that lead to a competitor's site.

  • Promoting any products or services that are unlawful at the location at which the content is posted or received.

  • Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.

  • Introducing viruses, worms, harmful codes or Trojan horses.

  • Spamming, flaming or other similar activities, such as arguments between any one in a question.

  • Violating the guidelines for academic honesty or other unethical behavior : it is allowable to help a student with a project, but please do not do it for them.

Violations of system and network security are strictly prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account. If you notice a problem with other members not following these Guidelines, please notify us by contacting Support.


4. Content License

European Experts Exchange enables Members to post problems or questions, proposed solutions or answers, information, comments and other content ("Your Content") to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site.

You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by European Experts Exchange and its affiliates will not infringe upon or violate the rights of any third party. Before you use European Experts Exchange Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.

By registering with European Experts Exchange and posting Your Content on the Site, you hereby DO NOT grant European Experts Exchange a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt from Your Content in any form, media or technology, whether now-known or hereafter developed. You do grant the usual right of publish, translate and create derivative works as long as your intellectual property rights are recognized. You also grant European Experts Exchange and its affiliates and sub-licensees the right to use the Member Name that you submit with Your Content for purposes of attribution. If you do not wish to have Your Content attributed to you, then you must notify European Experts Exchange at support@europeanexperts.org.


5. European Experts Exchange Property Rights

The layout, design, concept and organization of the European Experts Exchange Site and Services are subject to European Experts Exchange's patents, copyrights and other intellectual property rights. All rights are reserved.

You acknowledge and agree that European Experts Exchange owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the European Experts Exchange Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.

You agree that you will obtain the express written permission from European Experts Exchange before you copy, upload, transmit, reproduce, distribute or in any way exploit any European Experts Exchange Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the European Experts Exchange Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use European Experts Exchange's trade names, service marks or any other trade insignia. Any use of European Experts Exchange's trade names, services marks or any other trade insignia shall be subject to European Experts Exchange's prior written consent.


6. Agent for Notification of Claimed Infringement

European Experts Exchange has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent at European Experts Exchange at support@europeanexperts.org.


7. Disclaimers of Warranty

Other than providing a framework in which Members post problems or ask questions and self-appointed Experts provide answers and/or comments, European Experts Exchange does not review or verify the content of postings at its Site. The Experts who participate at European Experts Exchange have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which has not been reviewed or verified by us. You may review each Expert's information including their profile, a list of questions answered and grades received, by clicking on their Member Name.

YOU EXPRESSLY AGREE THAT USE OF EUROPEAN EXPERTS EXCHANGE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

EUROPEAN EXPERTS EXCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. EUROPEAN EXPERTS EXCHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EUROPEAN EXPERTS EXCHANGE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EUROPEAN EXPERTS EXCHANGE DOES NOT WARRANT THAT THE SITE OR ITS SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES EUROPEAN EXPERTS EXCHANGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


8. Limitation on Liability

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL EUROPEAN EXPERTS EXCHANGE, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("EUROPEAN EXPERTS EXCHANGE AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF EUROPEAN EXPERTS EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY EUROPEAN EXPERTS EXCHANGE SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


9. Indemnification

European Experts Exchange provides its Services and Site to Members on the assumption that Members will act professionally and responsibly. If they do not, Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless European Experts Exchange, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. European Experts Exchange reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of European Experts Exchange, which shall not be unreasonably withheld.


10. Point System, Payment and Services Features

Points are used as "currency" in the European Experts Exchange Knowledge Community. It is your responsibility to check your account regularly to ensure your account balance is accurate. Members use question points ("Question Points") to post questions at the Site.

Experts who participate at the site earn expert points ("Expert Points.") Expert Points do not have monetary value and are not redeemable for cash, goods or services. Occasionally, European Experts Exchange may run promotions or contests where European Experts Exchange uses the accumulation of Expert Points by each Expert for the purpose of scorekeeping. European Experts Exchange reserves the right to establish a monetary value for Expert Points. For further information, please refer to the site's Help Desk.

European Experts Exchange recognizes that managing its point system is similar to a country managing its currency. Therefore, European Experts Exchange reserves the right to modify the number of Question Points it provides, to discontinue the provision of free Question Points, or to establish a monetary value for Question Points. In fairness to others who wish to use the Free Service, and in order to continuously improve the performance of the European Experts Exchange system, European Experts Exchange reserves the right to retire inactive accounts from time to time. Once an inactive account has been retired, the point balances will be set to zero and the history of that account will be deleted after a period of time.


11. Term, Termination

This Agreement shall be effective for as long as you use the Services.

Either you or European Experts Exchange may terminate this Agreement with or without cause, upon thirty (30) days notice to the other party. European Experts Exchange may terminate this Agreement immediately if, based on European Experts Exchange's sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of European Experts Exchange Services or Site, (ii) infringed or violated any intellectual property right of European Experts Exchange or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party.

The termination of this Agreement shall terminate your access to the Services. Neither European Experts Exchange nor any European Experts Exchange Affiliate shall be liable to you or to any third party for termination of the Services for any reason.

Upon termination of this Agreement, the perpetual license you have granted to European Experts Exchange shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.


12. Export Control Compliance

You agree to abide by European Union and O.M.C. laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

The export control laws of the European Union countries regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws. All countries may legally access European Experts Exchange.


13. Consumer Rights

If you should have any complaints about European Experts Exchange Services, or need further information about the Services, contact Support at support@europeanexperts.org.


14. No Assignment

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of European Experts Exchange.


15. Severability

If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.


16. Applicable Law and Jurisdiction

This Site (excluding links) is controlled and operated from the European Experts Exchange offices in Europe. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the European Union, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the Union. The courts of the Union shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either email or registered mail sent to the address you provide European Experts Exchange in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.


17. Notices

Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at support@europeanexperts.org, and to you at the email address you provide European Experts Exchange during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.

European Experts Exchange may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your membership to the Services and terminate this Agreement.


 Agrément, Termes & Conditions d'Usage

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