Terms of Service
Morressier GmbH, www.morressier.com (hereinafter “Terms”)
The following Terms govern the contractual relationships between Morressier GmbH, Zossener Straße 55-58, 10961 Berlin, Germany (the “Provider” or “we/us/our”) and natural persons, legal entities and/or legally responsible partnerships as persons interested in organizing conferences (hereinafter the “Conference Organiser(s)”) or authors of scientific works who contribute own presentations or material (hereinafter the “Content Distributor(s)”) (Conference Organisers and Content Distributors hereinafter together as “User(s)”, “you/your”) who wish to use the services of and register on the platform morressier.com (hereinafter the “Morressier-Platform”), available at www.morressier.com (hereinafter the “Website”).
The Morressier - Platform is available to both Consumers and Business Clients, whereas (i) a „Consumer“ is any User who enters the Morressier-Platform for a purpose not related to his business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Client“ is any User who enters the Morressier-Platform in the conduct of his business or his self-employed professional activity (Sec. 14.1 of the German Civil Code).
At any time, the current version of the Terms may be viewed, printed and downloaded at www.morressier.com/terms.
Description of Morressiers’ Services
- The Morressier-Platform provides services related to the organisation of conferences, which is open to the general public or to a closed circle of participants (hereinafter the “Conference”), and/or to the contribution of content related to the Conference.
- Conference Organisers may create an event with all information relating to a specific Conference online on the Morressier-Platform (hereinafter the “Conference Event”) and upload any content related to the Conference thereto. They also have the opportunity to invite participants to accede to and provide content to the Conference Event. Conference Organisers also have the possibility to analyse the Conference by viewing statistics regarding the Conference (hereinafter the “Conference Statistics”).
- Content Distributors may choose whether they want to be contacted on the Conference and may decide on sharing their posters, presentations, papers, abstracts or other content created for a Conference (hereinafter the “Works”). When Content Distributors have agreed that Works are uploaded, Content Distributors may choose whether the Works should be available to everyone or only to a participants of the Conference.
- The Works and other content shared on the Morressier-Platform by Content Distributors and/or Conference Organisers are hereinafter referred to as “Content”.
- The Provider reserves the right to change, interrupt or discontinue the operation of any or all of its services provided on the Morressier-Platform at any time.
Morressier- Platform Registration
- In order to use the Morressier services, you need to register and create an account. Conference Organiser need to create an account (hereinafter the “Conference Organiser Account”) in order to set up a new Conference Event and invite participants to accede to and provide Content to such Conference Event; Content Contributors need to create an account (hereinafter the “Content Contributor Account”) before being able to access, provide Content to a Conference Event, change such Content and use additional services with regard to the Content.
- During the registration process, you need to provide information regarding your e-mail address, a username and a password (hereinafter the “Access Data”). You shall not select a username that you do not have the right to use or another person’s name with the intent to impersonate that person.
- In order to register, you must have unlimited legal capacity. Minors are only permitted to register for the Morressier-Platform, if they have the express written consent of their legal guardians, which they will submit upon our request to firstname.lastname@example.org. The minor’s legal guardians are solely responsible for the conduct of the minor and bear the consequences of any misconduct. The legal guardians are warned that by accessing the Morressier- Platform minors may be exposed to Content that someone might consider offensive or inappropriate.
- You are free to remove your Works or Content from the Morressier-Platform or delete your entire user account at any time. This however has no influence on any Works or Content already downloaded by others or third parties.
Pricing and Payment
- Certain services such as access to Content of Conference Events and Conference Content in an online version are free of charge. We may however display advertisement on our Website or offer additional services such as analytics, insights, trend. Other services will be available at additional costs and will be indicated on our Website.
- In order to open a Conference Event on the Morressier-Platform you shall get or already got in contact with a Morressier sales representative (contact: email@example.com). Dedicated details about pricing, payment, specified features of the onsite conference service and similar are being clarified with Morressier sales representative.
Account Information and Security
- The Access Data shall be given fully and correctly, provided the request of such data does not contradict any data protection law/s.
- The Conference Organiser or Content Contributor Account has to be secured with a password. You should take all necessary steps to ensure that the password is at all times kept confidential. You should notify us by contacting firstname.lastname@example.org without undue delay, if there are signs of unauthorized use of your account or any breach of security by a third party. You are not authorized to grant the use of the account to any third party. You are responsible for all activity that occurs on your account. We should not be liable for loss or damages caused by any unauthorized use of the account or loss or unauthorized use of the Access Data.
Requirements for Content posted on the Morressier-Platform
- You should make sure that any Content which you post on the Morressier-Platform and the way you use the services complies with these Terms and does not contain any prohibited content as set out in section 6 below.
Prohibited Content and Actions
- You should use the Morressier-Platform in accordance with these Terms and any applicable law/s, good manners or any third-party rights (personal rights, copyrights, intellectual property rights, data protection rights etc). Any inappropriate or illegal use is prohibited. It is particularly, without limitation, forbidden:
Conference Organisers shall ensure that they have all necessary rights and consents before inviting Content Distributors to accede to the Conference Event via the invite function.You may inform us about Content or actions which you consider inappropriate. We reserve the right to examine the Content or actions and to respond to the alleged violations in a proper way at our sole discretion.We reserve the right, at all times and at its sole discretion, to refuse the upload of any Content and to delete or remove any uploaded Content that violates or is alleged to be violating these Terms, any third-party rights or any applicable law/s or Content that seems for any other reason unacceptable or inappropriate; in these events we may act without prior notice and without liability to you.We have the right to block your account, temporarily or permanently, wholly or in part (i.e. specific Content in a Conference Event), if there are specific reasons for us to believe that you violate these Terms, any third-party rights or any applicable law/s. In the event of permanent blocking or deletion, we may reclaim usernames and you are not entitled to open up a new user account or to use any other existing account.
- to upload and distribute pornographic, insulting, abusive, offensive, racist, threatening, youth protection law infringing, personal rights infringing, promoting violence or sedition, inciting criminal acts, providing instructions on how to commit criminal acts or services that involve pornographic and / or erotic content or any other illegal Content;
- to upload and distribute Content that has been copied, in whole or in any part, from any other protected work or material without the permission of the respective copyright owner;
- to upload and distribute Content that affects or infringes the rights of any third party, in particular personal rights, copyrights or other intellectual property rights or any other third party rights;
- to upload and distribute Content that contains personal, confidential or non-public information;
- to use the Morressier-Platform for commercial, self-promotional or advertisement purposes; the User undertakes not to post advertising or automated messages with the same or similar content (“Spam”) or to invite people to take part in competitions, snowball schemes, chain letters, pyramid schemes and similar promotions;
- to contact other Users in order to buy or sell any products or services;
- to provide wrong data or information, and to provide data or information of any third party;
- to use other Users’ data and information without their express permission;
- to sell or otherwise transfer the user account;
- to attack the Morressier-Platform with a worm, virus, spyware, malware or any other harmful means; the User undertakes not to post any information which, given its type or nature (e.g. viruses), size or reproduction (e.g. spamming, overloading, flooding the Services), could interfere with the operation of the Provider services;
- to alter, to manipulate, to bypass, to overload or interfere with the Morressier-Platform and its underlying software and security systems.
Our Use of the Content
- We do not claim ownership of any Content posted by any of you.
- However, by posting or otherwise publishing any Content on the Morressier-Platform, you grant us the non-exclusive, worldwide, royalty-free, sub-licensable right to use the respective Content for the purposes of the Morressier-Platform. This includes the right to publish the Content on the Morressier-Platform and in advertising material. In particular, you grant us the following rights of use:
- The right of reproduction, the right of public accessibility and dissemination, i.e. the right to reproduce the Content indefinitely using every technology available, in particular by means of digital incorporation within the framework of the Morressier-Platform and the right to make the Content available to the public or publicly reproduce via i.e. search or recommendation, transmit and to broadcast the Content (also via the social media Morressier-Platforms shared by User).
- The right of making available on demand, i.e. the right to store the Content, keep it at hand for the public, to transmit it to any number of persons.
- The right of using the Content for advertising purposes, i.e. the right to reproduce the Content indefinitely for advertising and marketing purposes and to make it available to the public or reproduce publicly for the services offered by Providers. This right includes the right to change and to process the Content for the purposes mentioned and in particular to combine or integrate it with other pictures, text, graphics, artworks, films, audio and audio-visual media.
- We hereby accept such granting of rights.
- In the event that Content is removed from your account or that the account is deleted by either you or us for whatever reason, our rights in the respective Content shall expire. However, the right to use the Content in advertising material or included in analytics, data processes and similar that is already in use and the right to use any Content that you have shared on other accounts shall remain unaffected hereof.
User’s Warranties; Responsibility
- Each User is solely responsible for his conduct and his Content shared on the Morressier-Platform. Each User warrants that he/she will use his/her user account and the Morressier-Platform in accordance with these Terms. Each User especially warrants that he/she will not use the Morressier-Platform in any prohibited way as set out in section 6 above.
- Each User is solely responsible for his use of the services, his/her Content and for any private or public obligations and liabilities in connection with his/her Works and/or Content and the licensing of his/her Works and/or Content. Each User warrants that the Content submitted to or otherwise published on the Morressier-Platform is in accordance with these Terms and does not infringe any third-party rights or any applicable law/s. Each User warrants that he/she owns the rights to such Content and that he/she is legally capable of effectively granting the rights regarding our Use of the Content. The User shall be liable for any damage to us due to a posting inconsistent with these Terms.
- We do not guarantee that any Content is complete, truthful, accurate or reliable and does not endorse or support any opinion expressed on the Morressier-Platform. By using Morressier services, the User may be exposed to Content that might be offensive, harmful, inaccurate, deceptive or otherwise inappropriate. Under no circumstances we are liable for any Content or any consequences thereof.
- Each User shall immediately inform us of any impairment of these Terms or any prohibited Morressier-Platform use by third parties that he may become aware of.
- Each User shall defend, hold harmless and indemnify the Provider, its representatives, employees and agents and keep them indemnified against any and all losses, damages, expenses, costs, actions, claims, suits, litigation, causes of action, obligations, demands and liabilities which may be brought against the Provider by any third party for anything done or omitted in connection with (i) the User’s use of the Provider’s services, including posting Content on the Morressier-Platform, (ii) any breach or violation of the User’s warranties or responsibility as set out in section 8, (iii) the User’s violation of these Terms and (iv) the exercise or purported exercise of the Provider’s rights hereunder.
- This indemnification shall not cover claims by a third party which may occur because the Provider has failed to delete or block Content without undue delay upon receipt of positive knowledge that such Content infringes the rights of any third party.
- In the event of an enforcement of claims by a third party, User shall - immediately, truthfully and completely - provide the Provider with all available information that is needed for the examination of the claim and for the defence against it and not to settle any claim without the Provider ’s prior written consent.
- The Provider has no obligation to make the Morressier-Platform available to the User or to obtain any rights from the User. Each User shall use the services at own risk and without the Provider giving any warranties in connection with the services and the use thereof.
- The User is solely responsible for any Content that he posts on the Morressier-Platform and for any consequences thereof. The Provider has no ability to and does not control or monitor any Content. The Provider shall not be liable for the availability, accuracy, completeness and legality of any Content nor for any link to a third party’s website, or availability, accuracy, content or services from such websites. The Provider shall not be liable for any misconduct of any User or third party.
- The Provider will make every effort to provide a stable and powerful service in cooperation with its service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works cannot be excluded and do not constitute a defect of service. The Provider cannot guarantee the absence of viruses or any other harmful components from the Morressier-Platform or Provider ’s software. The use of the Morressier-Platform and the services are provided “as is”. The Provider is free to alter the services at its own discretion at any time without such alterations constituting a defect of service.
- The Provider shall not be liable for failure to timely perform its services due to an event beyond its reasonable control, including, without limitation, force majeure, computer viruses, acts of terrorism, civil unrest, war, strikes, fires, power cuts or epidemics.
- The Provider shall not be liable for any loss or damage suffered by a User, in particular, (i) which arises in connection with Content or (ii) which arises out of the exercise or the attempted or purported exercise of, or the failure to exercise any of, the respective rights or obligations under these Terms,
- unless in cases of damages to life, body, or health, in cases of warranting for the condition of a product or service, and in cases of fraudulent concealment of defects by the Provider, its legal representatives, employees, assistants in performance and agents; or
- unless such loss or damage is caused by the infringement of a fundamental contractual duty by the Provider, its legal representatives, employees, assistants in performance or agents, which is indispensible for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose, and, if the User is a Business Client, such loss or damage is foreseeable at the time of the infringement.
- The limitation and/or restriction of the Provider’s liability shall equally apply to the personal liability of its legal representatives, officers, employees, assistants in performance and agents.
- The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
- The Provider reserves the right to change these Terms at any time without indicating the reasons. The Provider will notify each User of the changed Terms on the Website or via email no later than four weeks before they take effect. The notification will include a link to the full version of the changed Terms. If a User does not object to the new Terms within four weeks after receipt of the notification, the amended Terms shall be deemed accepted. The Provider will specifically indicate the possibility of objection and the significance of the four-week deadline to each User in the notification. In case of an objection, your account will be deleted by the time the new Terms take effect.
- For these Terms, the laws of the Federal Republic of Germany shall exclusively apply under exclusion of the UN Convention on the International Sale of Goods (CISG) and – as far as legally possible – the conflict of law rules, without prejudice to conflict of laws provisions which may be applicable in Consumers’ and/or Business Clients’ country of residence.
- With regard to Business Clients, the sole place of jurisdiction for all disputes arising under these Terms is the company headquarters of the Provider depending on the amount in dispute local court in Berlin/Mitte (Amtsgericht Mitte) or higher court of Berlin (Landgericht Berlin), unless the applicable law mandatorily requires another place of jurisdiction.
- If single provisions of this agreement are void, the rest shall remain unaffected. The void parts shall be replaced by legal provisions, as far as such are in existence. However, in the event this places undue hardship on one party, the agreement shall become void in its entirety.