TERMS
AND CONDITIONS
Intellectual
Property Provisions
Important
- this is a legal agreement between, on the one hand, the INTER-LAWYER which produces
The International Financial and Business Law Portal
www.inter-lawyer.com
and, on the other, member and non-member visitors and users of the same web
site.
Any
use of the web site and its content is subject to the following terms and
conditions. Please
read these terms carefully.
From
time to time, INTER-LAWYER may modify this agreement. Accordingly, please
continue to review this agreement whenever accessing or using the web site. If
at any time you do not wish to accept this agreement, you may not use the web
site. You may only use the web site in accordance with the terms outlined below.
Your use of the web site indicates your acceptance of said terms and conditions.
If you do not accept such terms and conditions you may not use the web site and
its content.
1
Copyrights
clauses
1.1
INTER-LAWYER
owns the copyright in the data, table, graphic, editorial or other content of
its web sites’ pages and in the data appearing on its web sites unless another
copyright holder is credited on the relevant web page.
1.2
We
appreciate that our material may help to back-up your own research or to augment
your organisation’s promotional activities. You may use the INTER-LAWYER owned
material on this web site, including any material provided in Lex e-Scripta, for
non-commercial use provided you do all of the following:
a)
act
within the copyright laws of the Republic of Malta as well as any legislation of
the European Community, or of the territory in which INTER-LAWYER originally
published the material;
b)
publish
the material without any adjustment which would alter its meaning or bring INTER-LAWYER, its representatives, agents, clients, contributors or the subject
of the material or any other person or entity into disrepute;
c)
meet
the requirements of current Human Rights legislation and Data Protection Law
within Europe (which rights may extend to individuals and entities resident
outside the European Economic Area);
d)
publish
a credit and include proper attribution to
INTER-LAWYER or to a specific and relevant INTER-LAWYER publication or web site,
AND to any individually named author, at the foot of the re-used material,
together with the URL of the original article or of the point of entry to that
web page or to the publication’s web page without prior need as agreed in
advance in writing with the web site administrator.
1.3
INTER-LAWYER
may make available certain Content Licence Agreements for the commercial re-use,
translation and/or re-publishing in printed or electronic form of design and
content from its web site and pages. Only a holder of a current Content Licence
agreement who satisfies all requirements of that Licence agreement may re-use,
translate or re-publish in any form or medium design or content which originates
on a web site or web page owned or managed by INTER-LAWYER for commercial
purposes.
1.4
INTER-LAWYER
incorporates electronic “watermarking” into published material. Web crawlers
are employed to locate watermarked material and to provide legal proof of its
re-use. If the simple conditions above are not met, INTER-LAWYER reserves the
right to pursue any infringement in the Courts of the Republic of Malta or of
the country where INTER-LAWYER suffers damage or you are likely to derive
benefit, at the discretion of INTER-LAWYER.
2
Trade
marks and Trade names
2.1
All
goodwill associated with the use of the INTER-LAWYER and/or Lex e-Scripta trade
marks or names, including logos, titles and headings, style, format and
graphical images, shall be solely to the benefit of INTER-LAWYER and you shall
not assert any claim or ownership to any trade names or marks or to the goodwill
or reputation thereof. All other trade marks, brand names, products and company
names all over which are cited on this web site are the trade marks and/or
property of their respective owners.
2.2
If
you are unsure of the legality of your re-use of material published on web sites
owned or managed by INTER-LAWYER you should contact the webmaster on
webmaster@inter-lawyer.com
2.3
Hyperlinks
a)
Our
hyperlinks:
The
web site may include links to third party web sites. Such hyperlinks are
included to ease the user’s path through the Internet. Their inclusion cannot
be taken to imply any endorsement or validation by us of the content of the web
site referred to. Hyperlinks can become out-of-date and cease to work or they
can direct users to a web site page whose contents or use have been changed by
its owner. INTER-LAWYER has no control over, and can therefore accept no
responsibility or liabilities for any losses or penalties that may be incurred
or for the accuracy of hyperlinks to third party web sites, or the content of
such third party web sites.
b)
Your
Hyperlinks:
Permission
to Link to Home Page and Prohibition of Framing
You
may provide hyperlinks to the web site and pages owned and/or managed by INTER-LAWYER
without the prior written consent from INTER-LAWYER. Such
hyperlinks may only direct users to the home page of the relevant web site, and
must display the relevant page in the same form as this web site, without
amendment or framing.
3
Members’
and Users’ Responsibilities
3.1
You
may not transmit any unlawful, threatening, abusive, libellous, defamatory,
obscene, pornographic, profane or otherwise objectionable material or
information of any kind including but not limited to transmission constituting
or encouraging conduct which would constitute a criminal offence, give rise to
civil liability or otherwise violate any national or international law.
3.2
You
may not transmit any information, software, email or attachment which contains
in full or in part any Virus, Worm, Trojan Horse or other harmful component.
3.3
You
may not restrict or inhibit use of the web site by any other individual or
organisation.
3.4
You
may not post, publish, transmit, distribute or otherwise exploit any software,
information or material obtained through the web site of INTER-LAWYER other than
for the purposes expressly permitted.
3.5
All
individual articles, reports and other elements making up the web site may be
copyright works or protected by database rights. You agree to abide by all
additional copyright and database right notices or restrictions contained on the
web site.
3.6
You
agree to notify INTER-LAWYER in writing promptly upon becoming aware of any
unauthorised access to or use of the web site by any party.
3.7
Other
than the licences granted to you under this agreement, you may not copy,
reproduce, recompile, decompile, disassemble, reverse-engineer, distribute,
publish, display, perform, modify, upload to create derivative works from,
transmit, communicate or in any other way exploit any part of the web site
and/or the web site’s material.
3.8
The
web site and all the information contained therein may not be used to construct
a database of any kind nor may the web site be stored in its entirety or in any
part in databases for access by you or any third party or to distribute any
database web sites containing all or part of the web site.
3.9
You
agree to indemnify, defend and hold harmless INTER-LAWYER from and against any
claims, actions, demands or other proceedings brought against INTER-LAWYER by a
third party to the extent that such claim, suit, action or other proceedings is
based on or arises in connection with your use of the web site and any breach by
you of this agreement. This section survives termination of this agreement for
any such reason or any other reason whatsoever.
3.10
You
accept that INTER-LAWYER has the right to change the material, or information of
any aspect of the web site at any time at its sole discretion, including
information in listings, the order of priority, order of appearance and any
other detail contained therein and no member or listed firm may contest the
order in which such listings are presented in the INTER-LAWYER directory. You further
accept that such changes may result in your being unable to access the web site. INTER-LAWYER
may have to suspend the web site from time to time to carry out
maintenance and to make upgrades.
4
Disclaimer
4.1
The
material and information published on this web site and on all other subsidiary
web sites of INTER-LAWYER are
provided by INTER-LAWYER for your general
information only on
an “as is” basis without warranty of any kind, either express or implied. INTER-LAWYER
do not guarantee the accuracy or integrity of the material or
information, nor its suitability for any particular purpose. In
particular, the Content does not constitute any form of advice or recommendation
and should not be relied upon in making (or refraining from making) any specific
personal or business decision. You and your clients should seek independent
legal advice before making any such decisions. All arrangements made between you
and any third party named on the Site are at your sole risk and responsibility.
INTER-LAWYER also disclaims any
responsibility for advice and services provided by member or non-member lawyers
or law firms to whom clients are referred by INTER-LAWYER as part of a service
provided by this website. To
the extent permitted by law, INTER-LAWYER excludes any liability whether in
contract, tort (negligence) or otherwise for any incorrect or misleading
information on the web site.
4.2
Errors
can occur and INTER-LAWYER offers no assurance that they will be corrected. No
liability will be accepted in respect of service interruptions, nor in the event
of any Viruses, Worms, Trojan Horses and other harmful components being present
in or transmitted by INTER-LAWYER systems and networks.
4.3
INTER-LAWYER
do not accept any liability for any loss of data or software, revenue, business,
profits, cost or expense, or any direct, indirect, incidental or consequential
loss or damage arising out of or in connection with the use of, or the lack of
availability of the web site or its content.
4.4
It
is your responsibility to assess the value of the information and material on
the web sites in the light of your own business and personal circumstances. Web
site content does not necessarily represent the views of INTER-LAWYER, its
directors, employees or agents and may merely represent the opinion of the
author contributing the article or news item.
This web site does not purport to give legal, financial or other
professional advice. INTER-LAWYER attribute any non-INTER-LAWYER material in
good faith; however, it is your responsibility to check the attribution and
rights in respect of INTER-LAWYER and non INTER-LAWYER material and obtain any
necessary rights in respect of reproduction of any non INTER-LAWYER material.
4.5
In
the event that INTER-LAWYER is held liable, the total liability of INTER-LAWYER (whether in contract, tort, negligence or otherwise) in respect of any loss or
damage arising out of or in connection with the web site shall be limited to 150
Maltese Liri for any one incident or series of incidents. This clause does not affect your
statutory rights as a consumer. This section survives termination of this
agreement for any reason.
General
Provisions
5.1
No
waiver by INTER-LAWYER of any breach of any obligation arising under this
agreement shall constitute a waiver of any other breach and no failure to
exercise or partial exercise by INTER-LAWYER of any remedy shall constitute a
waiver of the right subsequently to exercise that or any other remedy.
5.2
If
any provision of this agreement is held by a court of competent jurisdiction to
be invalid unlawful or unenforceable for any reason then such part will be
severed from the remainder of this agreement, which will continue to be valid
and enforceable to the fullest extent permitted by law.
This
Agreement constitutes the entire agreement between INTER-LAWYER and you. All
prior agreements understandings and negotiations and representations (save for
fraudulent misrepresentation) whether oral or in writing are cancelled in their
entirety. The terms of any other electronic communications will not form part of
this agreement.
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