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PCF World Forum Webshop Terms of Use

PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE PCF WORLD FORUM WEBSHOP AT WWW.PCF-WORLD-FORUM.ORG/WEBSHOP .

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THEMA1 GMBH (”THEMA1“”) STATING THE TERMS THAT GOVERN YOUR USE OF THE PCF WORLD FORUM WEBSHOP. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF THEMA1 RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND THEMA1. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND THEMA1 MAY REFUSE ACCESS TO THE PCF WORLD FORUM WEBSHOP FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. THE SERVICE
THEMA1 is the provider of the PCF World Forum Webshop (the „Webshop“) that offers digitized versions of conference documentation, presentations, interviews , and other video and related content (collectively, “Digital Content”) and other services under certain terms and conditions as set forth in this Agreement. The Webshop allows you to access and view Digital Content in TWO different ways: by downloading a copy or by getting a DVD via mail. As indicated on the product detail pages of the Webshop, some Digital Content is available for download only, and some content is available to be sent by mail only.

2. SYSTEM REQUIREMENTS
In order to be able to download Digital Content from the Webshop and to view Digital Content you will need a compatible device, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Webshop involves hardware, software, and Internet access, your ability to use the Webshop may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

3. YOUR INFORMATION
You agree to provide accurate, current, and complete information required to register with the Webshop and at other points as may be required in the course of using the Webshop (”Registration Data”). THEMA1 may terminate your rights to any or all of the Webshop if any information you provide is false, inaccurate or incomplete. You agree that THEMA1 may store and use the Registration Data you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit.

4. LICENSE TO DIGITAL CONTENT DOWNLOADS
The Webshop allows you to pay a fee to view Digital Content an unlimited number of times over an indefinite period of time (”Purchased Digital Content”). As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to purchase or rent the Digital Content) is charged or received,

a. Purchased Digital Content. Upon your payment of the purchase fee, THEMA1 grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license (i) to download, (ii) to retain a permanent downloaded copy of, and (iii) to view, use, and privately display, for Non-Commercial, Private Use, the Purchased Digital Content purchased by you.

b. Downloading and Risk of Loss. If you plan to download Digital Content that you purchase, we encourage you to do so promptly after your purchase, at least 72 hours after your purchase. If you are unable to complete a download after having reviewed our online help resources, please contact THEMA1 customer support. Once you purchase or rent Digital Content and we make the Digital Content available to you, you bear responsibility for completing download, if you choose to download, and for all risk of loss of the Digital Content after download. Purchased Digital Content will generally continue to be available to you for download from the Webshop, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and THEMA1 will not be liable to you if purchased Digital Content becomes unavailable for further download.

c. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not (i) sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party, (ii) remove any proprietary notices or labels on the Digital Content, (iii) use the Service or Digital Content for any commercial or illegal purpose.

5. AGREEMENT TO PAY
a. Payment for Products. You agree to pay for all Products you purchase through the Webshop, and that THEMA1 may charge your credit for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THEMA1 WITH A VALID CREDIT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, you designate during the payment process.

b. Methods of Payment, Credit Card Terms and Taxes. All payments for Digital Content must be made by MasterCard, Visa or American Express. Payments for shippable items can be made by MasterCard, Visa, American Express or by invoice. Payments can only be processed if the billing information can be verified. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You, and not THEMA1, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify THEMA1 of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If THEMA1 does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by THEMA1 or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. THEMA1 shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Germany and any other states or localities that it deems is required.

c. No Responsibility To Sell Mispriced Products Or Services. THEMA1 shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. THEMA1 shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, THEMA1 shall immediately issue a credit to your credit card account in the amount of the charge.

d. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

e. Electronic Signatures and Contracts. Your use of the Webshop includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

f. Prices and currency. The product prices displayed on the Webshop are exclusive of Value-Added Tax (VAT). Prices are quoted in Euro. The total price specified in the final check out screen includes tax and shipping costs. The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference. If you are paying by credit card, the total amount for your entire order will be reflected on your statement in your local
currency.

6. DELIVERY OF PRODUCTS
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by THEMA1. Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. Please also note that you should inspect the products within a reasonable time after their receipt. You will be deemed to have accepted the products unless you have notified us within 30 days after receipt of the products that they are rejected.

7. RESERVATION OF RIGHTS
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Webshop and Digital Content are reserved and retained by THEMA1 and its licensors, and THEMA1 and its licensors do not transfer any right, title or interest in the Digital Content. You do not acquire any ownership rights in the Digital Content as a result of streaming or downloading Digital Content.

8. ALL RENTALS AND SALES FINAL
All purchases and rentals of Digital Content are final when you click the “Complete your Order” button.

9. TERMINATION
a. Termination by THEMA1. If you fail, or THEMA1 suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide THEMA1 with a valid credit card or any license to the software, or infringement or other violation of third parties’ rights, THEMA1, at its sole discretion, without notice to you may terminate this Agreement and you will remain liable for all amounts due under your purchase up to and including the date of termination.

b. Termination of the Webshop. THEMA1 reserves the right to modify, suspend, or discontinue the Webshop (or any part or content thereof) at any time with or without notice to you, and THEMA1 will not be liable to you or to any third party should it exercise such rights.

10. GENERAL COMPLIANCE WITH LAWS
The Webshop is controlled and operated by THEMA1 from its office in Berlin, Germany. You agree to comply with all local, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Webshop.

11. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEBSITES
Certain content, Products, and services available via the Webshop may include materials from third parties. In addition, THEMA1 may provide links to certain third party Web sites. You acknowledge and agree that THEMA1 is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. THEMA1 does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that THEMA1 is not in any way responsible for any such use by you.

12. INTELLECTUAL PROPERTY
a. Acknowledgement of Ownership. You agree that the Webshop, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by THEMA1 and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Webshop in compliance with the terms of this Agreement. No portion of the Webshop may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Webshop, in any manner, and you shall not exploit the Webshop in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of THEMA1 Content or Other Materials. Notwithstanding any other provision of this Agreement, THEMA1 and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the THEMA1 at any time without notice. In no event will THEMA1 be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. TEHMA1 may also impose limits on the use of or access to certain features or portions of the Webshop, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Webshop, including but not limited to, the PCF World Forum are owned by THEMA1 and/or its licensors. THE USE OF THE Content OR ANY PART OF THE WEBSHOP, EXCEPT FOR USE OF THE WEBSHOP AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. The PCF World Summit logo, the THEMA1 logo and other THEMA1 trademarks, service marks, graphics, and logos used in connection with the Webshop are trademarks or registered trademarks of THEMA1 GmbH and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Webshop may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

13. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
a. THEMA1 DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THEMA1 MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSHOP IS AT YOUR SOLE RISK. THE WEBSHOP AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSHOP ARE (EXCEPT AS EXPRESSLY STATED BY WEBSHOP) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

c. IN NO CASE SHALL THEMA1, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSHOP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSHOP, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THEMA1′S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. THEMA1 SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE WEBSHOP, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THEMA1 HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. THEMA1 DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THEMA1 DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

14. WAIVERS AND INDEMNITY
BY USING THE WEBSHOP, YOU AGREE TO INDEMNIFY AND HOLD THEMA1, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSHOP, OR ANY ACTION TAKEN BY THEMA1 AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THEMA1, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSHOP, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THEMA1′S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

15. CHANGES
THEMA1 reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Webshop. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the PCF World Forum Webshop following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

16. NOTICES
THEMA1 may send you notice with respect to the Webshop by sending an email message to the email address listed in your THEMA1 contact information, by sending a letter via postal mail to the contact address listed in your THEMA1 contact information, or by a posting on the Webshop. Notices shall become effective immediately.

17. GOVERNING LAW
The laws of the City of Berlin, Germany, excluding its conflicts of law rules, govern these terms and your use of the Webshop. Your use of the Webshop may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with THEMA1 or relating in any way to your use of the Webshop resides in the courts of the City of Berlin, Germany.

18. ADDITIONAL TERMS
a. These Terms of Service constitute the entire agreement between you and THEMA1 and govern your use of the Webshop, superseding any prior agreements between you and THEMA1. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. THEMA1’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. THEMA1 will not be responsible for failures to fulfill any obligations due to causes beyond its control.

b. If you violate any of the terms or conditions of this Agreement, your license to Purchased Digital Content will immediately terminate, and THEMA1 may, in its discretion, immediately revoke your access to the Webshop without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and THEMA1 shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Webshop.

c. You understand that by using the Webshop, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Webshop at your sole risk, and THEMA1 shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that THEMA1 does not guarantee their accuracy.

d. THEMA1 reserves the right to modify, suspend, or discontinue the Webshop, or any part thereof, at any time and without notice to you, and TEHMA1 will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.

e.THEMA1 reserves the right to make changes to this Agreement at any time. Your continued use of the Webshop following any such changes will constitute your acceptance of such changes.

f. Content providers providing Digital Content that you rent or purchase on the Webshop are intended third-party beneficiaries under this Agreement.

Event Participation Terms and Conditions

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1. Prices
Include conference drinks and lunch buffet.
2. Payment
We will send you an invoice. By registering online on the PCF World Forum webshop, you can pay by credit card: http://www.pcf-world-forum.org/webshop. Full payment must be received before the event. The organisers reserve the right to limit the number of event participants.
3. Group discounts
Buy 3 passes for the price of 2! All three participants have to be registered. For more information please contact THEMA1 on +49 (0)30 779 0 779 0 or pcf@thema1.de
4. Cancellation Policy
Places are transferable without any charge. But once you register at the event your pass is strictly for your own use and you are not permitted to reassign, transfer or lend it to any other person whether or not they are employed by the same company. Please note - you must notify THEMA1 of a cancellation in writing (pcf@thema1.de) or we will be obliged to charge the full fee. The organisers reserve the right to make changes to the programme without notice.
4.a. 4th PCF World Summit 2010 Specific Cancellation Policy
Cancellations after 20 August 2010 will incur an administrative charge of 25%. If you cancel your registration after 20 September 2010, we will be obliged to charge the full fee.
5. Audio/Video Recording
For documentation purposes, the event might be audio and video recorded. By attending an event organised by THEMA1 GmbH you consent to being filmed and recorded for documentation and promotion purposes. You release THEMA1 GmbH of any liabilities connected with these recordings and waive all rights to any claims for payment or royalties with regard to the resulting material.
6. Liability and Insurance
As per international conference praxis, neither THEMA1 GmbH nor its partners and service providers can accept liability for personal injuries, loss or damage to property belonging to participants (or their accompanying persons), either during or as a result of an event organised by THEMA1 GmbH. Please check the validity of your own insurance.