AluminumIThe Global Aluminum Industry Homepage
Monday, 06th February 2012
AluminumIThese terms and conditions shall form part of the Agreement.
From the Launch Date and for the Term, AluminumI shall provide the Exhibitor with the Services on the Website displaying the information about the Exhibitor and its products or services in accordance with the Agreement.
3.1 The Exhibitor shall provide AluminumI with the Material not later than 15 business days from the Agreement Date. AluminumI reserves the right, in its sole discretion, to refuse to incorporate on any AluminumI website any of the Material, which it considers, in its sole discretion, to be inappropriate.
3.2 If the Exhibitor fails to supply the Material in accordance with these terms and conditions, AluminumI shall have the right, but not the obligation, to use reasonable efforts to obtain the Material from other sources in order to perform its obligations under Paragraph 2.
3.3 AluminumI shall have 5 business days after receipt of the Material from the Exhibitor to perform its obligations under the Agreement. The Launch Date shall be decided by AluminumI.
3.4 If The Exhibitor fails to supply the Material in accordance with these terms and conditions AluminumI shall return the payment received from the Exhibitor with a deduction of 30% for administrative expenses.
3.5 AluminumI shall not have any liability to the Exhibitor for the consequences of any delay in the Launch Date.
3.6 The Exhibitor may request any modifications of the contents of its e-stand by providing written notice and updated material prior to the Launch Date. A minor modification of the e-stand may be further requested free of charge not more than twice in any period of 6 months. Other modifications will be made by AluminumI any time upon payment by the Exhibitor of an additional fee agreed with AluminumI. These terms and conditions shall apply to the provision and content of any modification.
3.7 The Exhibitor is solely responsible for the content, accuracy and quality of The Material and shall check whether the e-stand(s), banners, registries or advertisement(s) is/are error free. Any omission or errors must be notified to AluminumI immediately.
3.8 Subject to the terms of the Agreement, AluminumI retains the sole right and control over the programming and content AluminumI websites directories, catalogues and other products.
4.1 The Exhibitor shall pay the Payment after choosing an e-stand specification or other services and acceptance of this Agreement.
5.1 The Agreement shall commence on the Agreement Date and continue for the e-stand for the Term of 3 (three) years. The Agreement may be renewed for a further period of 3 (three) years on payment by the Exhibitor of a renewal fee prior to the expiry date. The Term for other services (banners, registry or advertisement) shall be agreed separately.
5.2 After expiry of the Term, the Exhibitor has NO OBLIGATIONS to order, renew or purchase any further AluminumI products or services.
5.3 If the Exhibitor fails to comply with any of these terms and conditions, AluminumI has the absolute right to remove the e-stand from the AluminumI website and/or disable any hyperlink whereupon the Agreement shall terminate forthwith.
5.4 The Exhibitor may cancel the Agreement at any time after the Launch Date by written notice to AluminumI and within 30 days from the date of cancellation the e-stand, banner, registry or advertisement and all the Services will be removed from the AluminumI website.
5.7 In the event of the Exhibitor cancelling the Agreement 2 years before the expiration of the Term of the Agreement AluminumI will refund 40% of the amount of Payment.
5.6 Either party may cancel the Agreement at any time 30 days prior to the expiration of the Term of the Agreement.
5.7 The provisions of articles 3.7, 6, 7, 8, 9 and 10 will survive any termination, cancellation or expiration of the Agreement.
5.8 Upon termination or upon cancellation, the Exhibitor shall not be entitled to claim or obtain a refund of any amount, which has been paid to AluminumI under the Agreement.
6.1 The Exhibitor hereby grants to AluminumI, during the Term of the Agreement, a non-exclusive worldwide royalty free licence to use, reproduce, distribute and display the whole or any part of the Material on any AluminumI website or directory.
6.2 The Exhibitor is responsible to ensure all copyright and other rights on the Material presented to AluminumI or Material published on the Exhibitor’s website and used by AluminumI for designing the e-stand.
6.3 Each party owns and shall retain all rights, titles and interest in its proprietary features, technology, trade marks, patents and intellectual property including, without limitation, those that are currently used or any which may be developed in the future and neither party shall copy, distribute, reproduce or use the other party’s proprietary features, technology, material and intellectual property rights, except as expressly permitted under the Agreement or under these terms and conditions.
The Exhibitor represents and warrants as follows:
7.1 That the Material does not constitute or contain any defamation or invasion of the right of privacy or publicity, or infringement of the copyright, trademark or other intellectual property right of any third party,
7.2 That the Services shall not be used for any fraudulent, immoral or illegal purpose,
7.3 That the goods and services offered by The Exhibitor do not contravene any law or regulation,
7.4 That an exhibition e-stand will not contain a link to a website which contains descriptions of goods or services which are prohibited under the Agreement or to which the Exhibitor does not have a right to link,
7.5 That the Exhibitor has the legal right and permission to use each and every part of the Material.
8.1 Except as otherwise provided for in the Agreement or by law, the Services, the Website and all AluminumI products are provided on an "as is" basis without warranties of any kind, expressed or implied, including but not limited to warranties of title, warranties of merchantability or of fitness for a particular purpose, or warranties that the site will always be available, accessible, secure and uninterrupted.
8.2 AluminumI has no responsibility for the content or accuracy of the Material, or of the Exhibitor’s e-stands, advertisements or registries.
9.1 The liability to the Exhibitor of AluminumI hereunder, its directors, officers, employees and agents, whether in contract, tort or any other legal theory, is limited to, and will not exceed the amount paid by the Exhibitor to AluminumI pursuant to the Agreement. In no event will AluminumI its officers directors, employees and agents be liable for any damages including special, incidental or consequential damages, whether based on breach of contract, tort (including negligence) or otherwise, or on inability to use any of the Services or the Website.
10.1 The Agreement shall be governed by and construed in accordance with the laws of England, without reference to its provisions concerning conflict of laws.
10.2 Any notice under the Agreement will be in writing and delivered by e-mail, facsimile or mail, and will be deemed given upon confirmation of receipt of e-mail or facsimile or upon delivery of mail. Notices will be sent to a party at its address set forth in the Agreement or at such other address as that party shall have specified in writing for that purpose.
10.3 The parties are independent contractors and have no authority to assume or create any obligation or responsibility on behalf of each other. The Agreement does not create or imply any partnership, agency or joint venture.
10.4 In the event that any of the provision of the Agreement is held by a court or arbitrator to be void or otherwise unenforceable, then the remaining provisions of the Agreement shall remain in full force and effect.
10.5 The Agreement is the whole and entire agreement between the parties and supersedes any prior agreement or communications, both written and oral. Any amendment to the Agreement or waiver of any rights hereunder shall be in writing and signed by both parties.
11.1 If several exhibitors rent an e-stand together, each of them is jointly and severally liable for the performance of their obligations under the Agreement. In their application, they shall name an authorized representative and AluminumI need only negotiate with the latter.
11.2 Notices to the authorized representative named in the application shall be deemed to be notices to the Exhibitor or exhibitors (in the case of joint e-stands).
12.1 AluminumI will group participants according to the nature of the exhibits. The Exhibitor cannot choose a specific position within an electronic fairground on the AluminumI website, but AluminumI will endeavour to take account of the wishes of the Exhibitor, in deciding what it, at its own discretion, considers an appropriate location for a stand.
12.2. The sponsors of the AluminumI website will be entitled to place their banners and advertisements on the home page and other pages of the website.
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