Economist

ONLINE FAIRS

Use and Participation Terms & Conditions
Please read through these terms and conditions (“Terms”) carefully. By accessing this website ("the Site") or by otherwise accessing any content found on the Site, you are deemed to have entered into an agreement (the “Agreement”) with The Economist Newspaper Group Inc, trading as Online Fairs, an affiliate of The Economist Group, and to have agreed to be bound by the terms set out below. The Site is owned by Online Fairs and operated by select third party supplier(s).
These Terms were last updated on 7 October 2010.

1. Access to Site
To use the Site and participate in an event (the “Event(s)”), you must be over the age of 13 years and able to enter into this Agreement. Therefore, you represent and warrant that you are over the age of 13 years and will abide by and comply with the Terms of this Agreement.

2. Intellectual Property Protection
The contents and design of the Site, Events, and any material e-mailed to you or otherwise supplied to you in conjunction with the Site or Events (such contents, design and materials being collectively referred to as the "Content"), are copyright of Online Fairs and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the "Online Fairs" name and logo or other trade names appearing on the Site) for any reason without written permission from the owner of the trade mark. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

3. Use of Content
You may retrieve and display Content on a computer screen or (if expressly authorized) mobile telephone, print individual pages on paper or store such pages in electronic form on your computer or mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify, amend, combine with other materials or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written consent of Online Fairs:

  • reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Content, or
  • modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service) without the prior written consent of Online Fairs,
  • remove the copyright or trade mark notice from any copies of the Content made under these Terms.
  • Any use of the Economist Content not specifically permitted above is expressly prohibited.

4. Fee, Payment, and Transactions
Access to certain Events and/or Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in US dollars or other currency specified by Online Fairs. You are responsible for the payment of any and all charges associated with the use of the Site using your ID.

If your use of the Site or participation in an Event is terminated by Online Fairs, you may be entitled to receive a refund of any pre-payments that remain unused at the time of termination, unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination. Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of Online Fairs.

You may be able to use the Site to purchase products or services from third parties. In that case, your contract for such products will be with the third party and not with Online Fairs and Online Fairs will not have any liability or responsibility for such products.

5. Term and Termination
Online Fairs may, in its discretion, terminate or suspend your access to all or part of the Site or to an Event or Events (including any right to access and use the Content) with or without cause by delivering notice to you.

The rights of termination are in addition to all other rights or remedies of Online Fairs provided in these Terms or by law.

6. Changes to the Site
Online Fairs reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Site, Event or Content at any time and to restrict the use and accessibility of the Site.

7. Registration, Passwords and Responsibilities
Certain areas of the Site and all Events are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Site, Content, and Event using your username, sign-in password, and/or any other identification reasonably required. You agree to immediately notify Online Fairs if you become aware of any loss or theft of any sign-on password or any unauthorized use of a sign-in password, username, or to the Site, Event and/or Content. You will provide Online Fairs with accurate, complete registration information (including in particular your e-mail address) and inform Online Fairs of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Online Fairs reserves the right to monitor and record activity on the Site and during Events.

Each registration is for a single user only. You may not share your username and password with any other person. Online Fairs does not permit access through a single name and password being made available to multiple users on a network. Online Fairs may cancel or suspend your access to the Site and/or Event if you do this without further obligation to you.

8. Privacy Policy
The information that you provide about yourself to Online Fairs will only be used in accordance with The Economist Group's Privacy Policy Statement.

9. User-Generated Content
The Site and/or Event may include bulletin boards, discussion groups and other areas open to users of the Site and attendees and sponsors of an Event that allow interaction between users, sponsors or other select third parties, and Online Fairs representatives ("Forums"). While Online Fairs does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.

You are solely responsible for the content of your Messages. You must comply with any rules posted by Online Fairs on a Forum. You may not:

  • Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Online Fairs;
  • Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
  • Post, link to or otherwise publish any Messages that infringe copyright;
  • Post, link to or otherwise publish any Messages that are illegal, libelous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
  • Post Messages in any language other than English;
  • Post the same Message, or a very similar Message, repeatedly;
  • Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
  • Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
  • Post or otherwise publish any Messages that contain a virus or other harmful component;
  • Disguise the origin of any Messages;
  • Impersonate any person or entity (including Online Fairs employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
  • Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
  • Collect or store other users' personal data, other than that which a user may willingly and knowingly provide;
  • Restrict or inhibit any other user from using the Forums.

By submitting Messages to any Forum you agree to indemnify and hold harmless Online Fairs from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 9.

The Forums contain Messages submitted by users over whom Online Fairs has no control. Online Fairs cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these Terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.

By submitting Message to a Forum you are granting Online Fairs a perpetual, irrevocable, royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Online Fairs reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.

10. No Warranty, Disclaimer of Liability and Indemnity
Whilst efforts have been made to ensure the high quality of the Site, Events and Content, Online Fairs makes no warranty, express or implied concerning the Site, Events, Content, software or any services available through the Site (the "Site Services"), which are provided "as is", “as available”, and “with all faults”. Online Fairs expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no case will Online Fairs, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site, Event(s), Content, Site Services, even if Online Fairs has been advised of the possibility that such damages may arise. Online Fairs does not guarantee the accuracy, content, or timeliness of the Site, Events, Content or Site Services or that they are free from viruses or other contaminating or destructive properties.

In no event will any liability of Online Fairs, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site, Events, Content, Site Services or breach of these Terms by Online Fairs exceed the amount, if any, paid by you to Online Fairs in respect of the particular Event, Content or Site Service to which the claim relates.

Upon Online Fairs' request, you agree to defend, indemnify and hold harmless Online Fairs from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your participation in or use of the Site, Event(s), Content, or Site Services.

11. Force Majeure
Online Fairs, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Event, Content, or Site Services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

12. Miscellaneous

Changes to these Terms. Online Fairs may, in its discretion, change these Terms (including those relating to your use of Site and/or Content). When Terms are changed, Online Fairs will notify you by including them in these Terms. If you use the Site after Online Fairs has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Online Fairs is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other websites. Online Fairs is not responsible for the availability of these websites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Online Fairs.

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices. Notices to Online Fairs must be given in writing by letter and sent to Online Fairs last known place of business in New York, New York (for the attention of the Contracts Manager).

Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in New York, U.S.A., within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

13. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

For the exclusive benefit of Online Fairs, Online Fairs shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

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