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Terms of Use for the Platform Morressier
1
Scope and Applicability
Morressier GmbH, Zossener Straße 55-58, 10961 Berlin, Germany (“Morressier” or “we/us/our”) provides an online platform for virtual conference solutions and early stage research that is accessible under https://morressier.com (the “Platform”).
These Terms of Use (“the Terms”) guide the legal relationship between Morressier and the User (“the Agreement”) and apply to all (especially legal binding) actions of the User and Morressier on or in connection with the Platform, including the registration of a User Account on the Platform.
2
Definitions
2.1
“Abstract”: Content that describes the research of the User in a short way; uploaded by a User for the application for a Conference.
2.2
“Author”: A User that presents his or her Content on the Platform and/or at a Conference.
2.3
“Conference”: An event that is held either on or with the help of the Platform.
2.4
“Conference Attendee” (or “Attendee”): A User attending a Conference on the Platform.
2.5
“Conference Organiser”: A person or institution hosting a Conference on the Platform.
2.6
“Content”: Any type of media (for example text, audio or video files, presentations etc.) uploaded to the Platform by a User or Morressier.
2.7
“Editor”: A User that manages the review of Content on the Platform.
2.8
“Reviewer”: A User that is designated to review another User’s Content.
2.9
“Session Chair”: A User that is designated to moderate and/or lead a talk or presentation on the Platform.
2.10
“Speaker”: A User that gives a presentation on the Platform.
2.11
“User”: A natural person that uses the Platform.
2.12
“User Account”: The personal account provided by Morressier to the User on the Platform after the User’s registration.
3
Conclusion of the Agreement and Registering an Account
3.1
While certain parts of the Platform are freely accessible, the User has to open a User Account to use the advanced features of the Platform, for example attending a Conference. Opening a User Account is free of charge for the User. Notwithstanding and regardless of the foregoing, Conference Organisers may charge fees for attending a Conference.
3.2
The User may receive an invitation email with a link to the Platform’s sign up process or sign up directly by visiting the website https://morressier.com. The User has to be at least 18 years old and in full legal capacity to open a user account.
3.3
During the sign up, the User has to provide certain basic information, including an email address, a password, name, institution and department. All information has to be true and complete. The User can rectify the information at any time during the sign up by using the respective fields and buttons of the Platform and/or the device’s browser software or afterwards in the settings of the Account.
3.4
By clicking on “Sign Up”, the User asks Morressier to create an Account. Morressier will send an email with a legally binding offer to open the account and confirm the email address. By clicking on “confirm email”, the User accepts the offer, concludes the contract with Morressier and opens the Account.
3.5
The User shall keep the login information, and especially the chosen password, confidential and not disclose it to any third party. Any abuse or suspected abuse shall be reported to Morressier immediately.
3.6
The User can access these terms anytime on the Platform in the most recent version. The Agreement is concluded in English and the Terms are available in English exclusively.
4
Basic Functions and Rules of the Platform
4.1
The Platform provides basic functions to all registered Users. The User can search the Platform for Content, view or download Content or add Content of other Users to the Library and send direct messages to other Users. Morressier provides the User with statistics about Content and profile views. The User can choose if the User’s profile is shown to the public or only visible to other Users of the Platform.
4.2
The User ensures compliance with the basic rules of the Platform at any time: On the Platform it is forbidden:
-
To upload and distribute insulting, abusive, offensive, racist, threatening, youth protection law infringing, pornographic, 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;
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To upload and distribute Content that contains personal, confidential or non-public information;
-
To contact other Users on or outside of the Platform in a disrespectful and/ or impolite manner;
-
To contact other Users of the Platform in order to buy or sell any products or services except where it is explicitly allowed by Morressier;
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To provide wrong data or information, and to provide data or information of any third party; or
-
To sell or otherwise transfer the User Account to another person.
5
Different Roles of the User and Respective Obligations
5.1
Application for Attending a Conference as an Author
5.1.1
If the User wishes to attend a Conference as an Author, the User usually has to apply to the Conference’s organizer and as part of the application submit an Abstract and/or other Content.
5.1.2
The User submits the application by filling out the relevant form on the Platform. Before sending the application, the User can rectify any information given by using the technical means of the platform. After sending the Application the User may modify or withdraw the Application until the submission deadline is due. The Conference Organiser and/or Reviewer will review the application and decide on acceptance or rejection.
5.1.3
By submitting the Abstract and/or Content, the User grants Morressier and Morressier accepts all rights necessary to fulfil the contractual purposes of the Agreement as specified in these Terms. This includes but is not limited to:
5.1.3.1
A non-exclusive, non-transferable, worldwide right to copy the Abstract and/or Content and to make all adaptations necessary to import the Abstract onto the Platform;
5.1.3.2
Making the Abstract and/or Content available to be viewed on or downloaded from the Platform by the Conference Organiser and/or the relevant Reviewer;
5.1.3.3
A non-exclusive, non-transferable, worldwide right to copy the Abstract and/or Content, display the Abstract and/or Content in public and to make the Abstract and/or Content perceivable to the public as well as publicly available on the platform during and after the Conference; and
5.1.3.4
A perpetual, non-exclusive, non-transferable, worldwide right to copy the Abstract and/or Content as well as make all necessary adaptations to it for Morressier’s own business purposes and/or the purposes of third parties.
5.1.4
The uploaded Abstract and/or Content shall be visible only for the respective Conference Organiser or Reviewer.
5.1.5
The User warrants that the User is entitled and has the full right and legal authority to enter into this Agreement and to grant all necessary rights and licenses and that by doing so neither the User nor Morressier will infringe the rights of any third party. If the User is only a co-creator of the Abstract and/or Content, the User warrants that the User has the permission of all other co-creators to grant Morressier all rights pursuant to Section 5.1.3 The User will name all co-creators in the respective fields on the platform.
5.2
Attending a Conference as an Author
5.2.1
If the User is selected to participate at a Conference as an Author, the submission function in the User Account will be activated and the User will be able to submit Content.
5.2.2
The User can start the submission process in the User Account. During the process, the User can upload the Content as well as certain necessary or voluntary information.
5.2.3
The Content has to meet certain technical criteria (e.g. certain file formats, sizes etc.). Morressier will specify these formats in a separate section available on the Platform, currently under https://support.morressier.com/en/collections/2451475-for-presenters-and-authors (the respective link may change in the future).
5.2.4
The User can choose the respective license under which the Content shall be published and choose if other Users of the Platform have access to the Content or not. Regardless of the choice, the Content will be presented to all Attendees at the venue of the Conference and/or the Conference’s website.
5.2.5
In any case, Morressier will store and analyse the Content for Morressier’s own business purposes and/or the purposes of third parties.
5.2.6
By clicking on the respective button (for example “Complete Submission” or “Submit”) the User makes a legally binding offer to grant Morressier all the necessary rights to provide the service to the User as well as the rights based on the respective settings and as described below. Morressier accepts the offer automatically by completing the submission. The User grants Morressier free of charge inter alia but not conclusively the following rights:
5.2.6.1
A non-exclusive, non-transferable, worldwide right to copy the Content, display the Content in public and to communicate the Content to the public by the use of technical devices for the purposes of this Agreement as well as to make all adaptations necessary to import the Content to the Platform and present it during the Conference to the Conference Attendees.
5.2.6.2
The non-exclusive, non-transferable worldwide right to copy and make the work available to the public free of charge or against a remuneration as well as to make all adaptations necessary to do so.
5.2.6.3
A perpetual, non-exclusive, non-transferable, worldwide right to copy the Content as well as make all necessary adaptations to analyse, text and data mine the Content for Morressier’s own business purposes and/or the purposes of third parties; including the commercialisation of any meta-data in connection with and findings contained in the Content.
5.2.7
The User may additionally choose to license the Content under a Creative Commons license (“CC-license”). CC-licenses enable any other person to reuse the Content under certain conditions. Morressier provides the User with the option to license the Content under a CC BY, CC BY-SA, CC BY-ND, CC BY-NC, CC BY-NC-SA or a CC BY-NC-ND license. Which conditions apply specifically is governed by the respective license text. The User can find more information on the respective licenses under https://creativecommons.org/licenses/. Once chosen, the User cannot revoke the CC-license. The license that the User grants to Morressier remains untouched by the choice of a CC-license.
5.2.8
The User warrants that the User is entitled and has the full right and legal authority to grant all necessary rights and licenses to the Content and any incorporated work and that by granting the right neither the User nor Morressier will infringe the rights of any third party. If the User is only a co-creator of the Content, the User warrants that the User has the permission of all other co-creators to grant Morressier all rights under this Agreement. The User will name all co-creators in the respective fields on the platform.
5.2.9
If the User holds a presentation as a Speaker during an offline, online or hybrid Conference the following rules shall apply.
5.2.9.1
In case of a live presentation either via live stream or during a hybrid event at the venue, Morressier will record the presentation and publish the recording or the uploaded presentation on the Platform at the Conference for other Conference Attendees and/or other Users of the Platform.
5.2.9.2
Morressier will create a transcript of the recording and index the transcript to make the recording searchable as well as to analyse its contents for own business purposes as well as the business purposes of third parties.
5.2.9.3
The User grants Morressier all rights necessary to fulfil the purposes of this section 5.2.9, especially to index the presentation and to convert its context to written text and use that text for own business purposes or business purposes of third parties. Regarding the other uses of the presentation and the transcript, section 5.2.6, 5.2.7 and 5.2.8 of the Terms apply mutatis mutandis.
5.2.10
Morressier provides a Digital Object Identifier (“DOI”) for parts or the entirety of the Content and/or the presentation and/or the presentation’s transcripts at their own discretion. A DOI is a persistent identifier or handle used to identify objects uniquely, standardized by the International Organization for Standardization (ISO). The DOI requires that the Content is permanently accessible on our Platform.
5.3
Conference Attendees
5.3.1
If the User attends a Conference as a Conference Attendee, Morressier will email the User an event link in order to access the Conference Website a few days in advance of the Conference.
5.3.2
The User can attend by logging into the User Account and choosing the respective Conference.
5.3.3
During the Conference, the User will be able to attend presentations, view and/or download the Content published in connection with the Conference by other Users and interact with other Conference Attendees.
5.3.4
The User can interact with other Conference Attendees or the respective Author during a presentation in the presentation’s Q&A session. The interaction will be stored together with the presentation itself and the User grants Morressier the necessary rights. Section 5.2.6 applies accordingly.
5.4
Reviewer and Editor
5.4.1
On the Platform, Users can be assigned the roles of an Editor or a Reviewer. The Editor manages and the Reviewer conducts the review of Content.
5.4.2
If the User has been designated to review Abstracts and/or Content, Morressier will provide the User with the necessary functions in the User Account.
5.4.3
The User’s review shall be guided by and adhere to scientific standards and be submitted in due time.
5.5
Session Chair
5.5.1
During a Conference, a User can be given the role of a Session Chair, to moderate and/or lead a talk or presentation on the Platform. Section 5.2.9 applies mutatis mutandis for the contributions of the Session Chair in the talk or presentation.
5.5.2
Morressier will provide the User with the necessary functions to manage and guide the respective presentations.
5.6
Other Speakers
5.6.1
A User may be selected as a Speaker at a Conference without being an Author. The respective Conference Organizer may assign this role to any User registered on the Platform.
5.6.2
If an Author wishes another User to stand in for him or her as a Speaker, the User shall contact the respective Conference Organizer and ask him to assign the other User as a Speaker.
5.6.3
Regarding the rights and obligations of the Speaker, Section 5.2.9 applies mutatis mutandis.
6
Term and Termination
6.1
The term of this Agreement commences with the User’s registration pursuant to Section 3.4. Both parties can terminate the Agreement at any time with immediate effect by sending a termination notice at least in written form (email to suffice).
6.2
The right of both parties to terminate this Agreement for good cause shall remain unaffected.
6.3
The licenses granted by the User to Morressier shall remain unaffected by the termination.
7
Availability and Maintenance
7.1
Morressier shall implement appropriate measures to ensure the continuous availability and error-free functionality of the Platform. However, the User acknowledges that for technical reasons and due to the dependence on external influences, Morressier cannot guarantee the uninterrupted availability of the platform.
7.2
Morressier will occasionally carry out maintenance tasks to ensure the functionality or extension of the platform. These tasks may lead to a temporary impairment of the usability of the Platform. Wherever possible Morressier shall carry out the maintenance tasks during periods of low use.
8
Liability and Indemnification
8.1
Morressier shall be liable in accordance with the applicable statutory provisions.
8.2
The User is responsible for ensuring the routine backup of User data, in particular the Content uploaded onto the Platform. Irrespective of Sections 9.1 to 9.6 of these Terms, if the User suffers damages that result from the loss of data, Morressier shall in each case only be liable for such damages that could not have been avoided by carrying out data backups of all relevant data at regular intervals.
8.3
The User agrees to indemnify, defend and hold harmless Morressier, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) suffered or incurred by such indemnified parties resulting from or arising out of any actual or alleged breach of the User’s obligations, warranties and guarantees under these Terms or violation of any third party’s rights, provided that the breach or violation in question was or would have been a culpable breach or violation. Morressier shall inform the User without delay of any such Claim, and will provide the User with any reasonably available information on the Claim to facilitate the User’s cooperation in defending against the Claim. The User shall cooperate as fully as reasonably required in the defense of any Claim. Morressier reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the User.
9
Data Protection
For comprehensive information on how Morressier collects, processes or uses personal data in the context of the Agreement and the usage of the Platform, please refer to Morressier’s Privacy Policy to be found at https://www.morressier.com/company/privacy-policy.
10
Changes to the Terms
10.1
Morressier has the right to introduce additional functionality to the Platform and add corresponding rules to the Terms. Morressier shall announce these changes at least four weeks before they enter into force to the user by email. If the User does not object in text form (e.g. letter, fax, e-mail) within a period of two weeks, beginning with the day following the announcement of the changes, Morressier assumes that the User agrees to the changes.
10.2
Morressier shall inform the User in the notice of his right to object, its requirements and consequences. If the User objects to the changes, the contractual relationship shall be continued under the most recent version of the Terms before the change. In such a case, Morressier reserves the right to terminate the contractual relationship with effect to the next possible date.
10.3
Otherwise, a change of the terms of use is possible at any time with the consent of the User.
11
E-commerce
11.1
Morressier or any of its subsidiaries or affiliates may offer payment processing capabilities via its selected partner Stripe. By accepting these terms and conditions, you also accept the terms of use of Stripe, which may be updated from time to time.
12
Miscellaneous
12.1
The sole place of jurisdiction for all differences arising out of or in connection with this Agreement shall be Berlin, Germany if the User is a merchant pursuant to the German Commercial Code (Handelsgesetzbuch), a legal entity of public law or a public special fund. Additionally, this shall be the case if the User’s place of residence or usual place of residence is unknown at the time of making the complaint is filed or it is moved out of the scope of the German Code of Civil Procedure after the Agreement is concluded. Statutory provisions regarding exclusive jurisdiction shall remain unaffected.
12.2
This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Germany under exclusion of German International Private Law and the UN Convention on the International Sale of Movable Goods.
12.3
If any provision of this Agreement is entirely or partly invalid or unenforceable, this shall not affect the validity and enforceability of any other provision of this Agreement. The invalid or unenforceable provision shall be regarded as replaced by such valid and enforceable provision that as closely as possible reflects the economic purpose that both parties hereto had pursued with the invalid or unenforceable provision.
12.4
The European Commission provides an Online Dispute Resolution (ODR) platform for the out-of-court resolution of disputes concerning contractual obligations with consumers as it is defined in Article 4 of EU Directive No 11/2013. The platform can be accessed under http://ec.europa.eu/consumers/odr/. Neither does Morressier participate in such ODR nor does Morressier use alternative dispute resolution (ADR) procedures to resolve disputes with consumers.
12.5
Contact Information: Morressier GmbH, Zossener Straße 55-58, 10961 Berlin, E-Mail: hello@morressier.com.
Berlin, September 2021
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© Copyright 2022 Morressier GmbH.
All rights reserved.