NO LIABILITY REGARDING CONTENT & AUTHORSHIP

The Project Partners expect to attract Content from a wide variety of sources. The Project Partners takes no position with respect to the accuracy or ownership of that data and disclaims any liability resulting from or arising out of the use of that data. You acknowledge and agree that:

The Content (including opinions, ideas, products, information, statistics and representations) is not, and should not be regarded as, endorsed or guaranteed by The Project Partners in any way, or relied upon as a substitute for professional advice. In respect of Content, The Project Partners accept no responsibility, and liability in this respect is expressly disclaimed.

2. LISTED COMPANIES
The Project Partners expect the Web site to contain from time to time links to Companies who may be available to provide various products and services to users. The purpose of the Web site is merely to act as a conduit between buyers and sellers of such products and services and accordingly:

• (a) The Project Partners neither make nor endorse any representations or claims regarding the experience, competence, qualifications or suitability of a Company to meet the needs of a particular User.

• (b) The Project Partners expressly exclude all liability to Participants in relation to any product or service provided by any Company engaged pursuant to an introduction via the Web site, including but not limited to:

  • (i) Any liability to Users in respect of any wrong committed or alleged, whether arising in either contract, tort, statutory duty or otherwise, by a Company in the provision of any product or service to a User; and 

  • (ii) Any liability to Companies in respect of any failure by any User to pay fees and disbursements for any products or services provided by Companies to Users.

  

3. NO LIABILITY FOR LINKS, ADVERTISERS, MEMBERS

• (a) The Web site may, from time to time, have links to other sites (including links to sites operated by The Project Partners' members). The Project Partners have no control over the content on any such sites and for that reason The Project Partners make no warranties, either express or implied, concerning such content, including the accuracy, completeness, reliability or suitability for any particular purpose. The Project Partners also do not warrant that such sites or content are free from any breaches of copyright, trademark or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination.

• (b) The Web site may at some time contain advertising and sponsorship. Advertisers and sponsors must ensure all advertising and other submitted material complies with relevant laws, including intellectual property laws. The Project Partners exclude to the extent allowed by law any liability to Participants and third parties for any error or inaccuracy appearing in any advertising or sponsorship material, or for any breach in tort, contract or statutory duty (including duties imposed under copyright and other intellectual property laws) in relation to such material.

 4. NO LIABILITY FOR ANY DISRUPTIONS TO YOUR SYSTEM

While The Project Partners expect to maintain their IT infrastructure to high standards, they cannot accept legal responsibility to Participants for any act or omission (including viruses and the like) that inadvertently results in any damage, interference or other problems with any system, data or personal information. If you have any problems in that regard, The Project Partners would appreciate appropriate advice from Participants.

 5. NO LIABILITY FOR INTERRUPTIONS OF SERVICE DUE TO MAINTENANCE, UPGRADES, ETC.

The Project Partners shall not be liable for any disruptions to the Web site for any reason, including but not limited to disruptions caused by any third party service provider, and any Web site downtime for any reason, including but not limited to repairs, maintenance, Web site design changes, or the implementation of any changes to the Content.

 6. FURTHER ON EXCLUSION OF DAMAGES

• (a) Exclusion of liability under these Terms and Conditions extends to exclude from liability The Project Partners and Related Parties.

• (b) Exclusion extends to all kinds of liabilities, including but not limited to special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, all other commercial damages or loss, or exemplary or punitive damages relating to the Web site. 

• (c) Exclusion of liability shall only apply to the extent permitted by law.

 7. INDEMNITIES

In respect of his/her relevant participation in the Web site, each Participant (and if more than one in respect of participation, jointly and severally) indemnifies and holds The Project Partners and their Related Parties harmless from and against all claims, liabilities, and costs, including reasonable legal fees, incurred by The Project Partners and/or its Related Parties arising from any third party claim resulting directly or indirectly from the Participant's participation in the Web site. Such indemnity includes but is not limited to claims in respect of the infringement of intellectual property rights.

• (a) By submitting data, the Submitter agrees to indemnify and hold the Partners harmless from and against all claims, liabilities and costs, including legal fees, incurred by the Partners arising out of any claim resulting from the Submitter's participation in this database.

• (b) The relevant Participant shall reimburse The Project Partners and/or any relevant Related Party for all costs reasonably incurred by it/them in any such proceeding in which it is a party.

 8. EXCLUSION OF WARRANTIES

You acknowledge and agree as follows: 

• (a) Your participation in the Web site is at your own risk. The service is provided on an "as is" and "as available" basis. To the extent permissible by law, The Project Partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

• (b) To the extent permitted by law, in respect of the Web site and any associated service or product provided (Services), whether supplied by or on behalf of The Project Partners or by a third party including any Company, Supplier or Advertiser, The Project Partners make no warranty that:

  • (i) The Services will meet your requirements.

  • (ii) The Services will be uninterrupted, timely, secure, or error-free.

  • (iii) The results that may be obtained from the use of the Services will be accurate or reliable; and

  • (iv) The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.

  

9. PRIVACY & SECURITY 

The Project Partners are committed to protecting the privacy of all Participants and to keeping secure personal information that Participants provide to The Project Partners (Personal Information). The Project Partners are also committed to fully observing the privacy laws of the European Union as they stand from time to time. Unless otherwise compelled by law, The Project Partners shall restrict access to Personal Information to such officers, employees, agents, contractors and advisers of The Project Partners who are properly authorized by The Project Partners in good faith. Authorization of such persons shall only extend to legitimate internal purposes of The Project Partners.

 10. USE OF WEB SITE

In any capacity as a Participant, whether as a User or Contributor, you agree to not participate in the Web site (including but not limited to submission of Content and entering any arrangement for provision of product or service between User and Company) as follows: 

• (a) To engage in any activity that is unlawful, harmful or threatening (including to minors), tortious, invasive of another's privacy, or otherwise objectionable;

• (b) To misrepresent information about yourself, including your identity (whether by giving a fictitious name or the name of another person), contact details, qualifications, affiliation with any entity and the like;

• (c) To misrepresent yourself as the owner or authorized licensee of intellectual property in any work or thing, or as the author of any work;  

• (d) To transmit or otherwise deal with any Content that infringes the intellectual property of any person, including The Project Partners;

• (e) To transmit any material that contains software viruses or the like that may limit the functionality of any software or hardware or other equipment;

• (f) To do anything which may impair the functionality of the Web site;

• (g) To breach any relevant law in the jurisdiction where you operate;

• (h) To breach any part of these Terms and Conditions, including any directions forming part of the Web site.

• (i) To do anything which in the opinion of The Project Partners damages or could potentially damage the reputation and standing in the community of The Project Partners and any Related Parties. Without limiting available remedies, The Project Partners reserve the right to cancel the participation of any person who engages in the above breaches. On such cancellation, The Project Partners may take any necessary action, including cancellation of any password and removal of any Content provided by them.

 11. RIGHT TO MODIFY THE SERVICE

Without notice and without accepting liability to you in this regard: 

• (a) The Project Partners may modify or discontinue the Web site (or any part), including any associated service (whether temporarily or permanently); and

• (b) The Project Partners may amend these Terms and Conditions, except in relation to privacy and security affecting pre-existing Participants, where such changes are detrimental to those to whom an existing duty of privacy and security are owed.

 12. PROPERTY RIGHTS OF THE PROJECT PARTNERS AND OTHERS

• (a) You acknowledge and agree that the Web site contains material that is the intellectual property of The Project Partners and others. Without limitation, intellectual property rights may subsist in parts of the Content, in software, domain names and trade marks of The Project Partners and any advertisers and strategic partners.

• (b) Unless authorized by the legitimate owner or licensee of the relevant intellectual property, you agree:  

  • (i) Not to do any act in breach of the intellectual property laws of the EU or the jurisdiction where you live, including without limitation, copy, distribute, or create derivative works based on the relevant material.

  • (ii) To indemnify fully The Project Partners and any related party for any loss damage or cost incurred in relation to such breach caused by you.

 13. ANY DIRECTIONS, ETC., FORM PART OF TERMS AND CONDITIONS

The Web site may, from time to time, contain directions regarding its use, which also may be modified from time to time. Any such directions are deemed to form part of these Terms and Conditions, and any breach thereof shall be considered a breach of these Terms and Conditions. 

 14. REMEDIES

No remedy conferred by any of the provisions of these Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties hereto shall not constitute a waiver by such party of the right to pursue any other available remedy. 

 15. SEVERANCE

Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction. 

 16. SURVIVAL OF RIGHTS, DUTIES AND OBLIGATIONS

• (a) Termination of these Terms and Conditions or cessation of participation in the Web site by a Participant shall not release a party from any liability which at the time of termination has already accrued to another party or which thereafter may accrue in respect of any act or omission prior to such termination.

• (b) Each indemnity in these Terms and Conditions is a continuing obligation, separate and independent from the other indemnities and survives termination of these Terms and Conditions or cessation of participation by a Participant.

 17. ENTIRE AGREEMENT

• (a) These Terms and Conditions embody the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions.

• (b) No oral explanation or information provided by any party or its officer, employee, agent or adviser to another:  

  • (i) affects the meaning or interpretation of these Terms and Conditions; or

  • (ii) constitutes any collateral agreement, warranty or understanding between any of the parties.

  • (iii) No waiver of any of the provisions of these Terms and Conditions by a party shall be effective unless made in writing addressed to the other parties and duly signed by the party making the waiver.

 18. MUTUAL AGREEMENT

The parties recognize that it is impracticable to make provision for every contingency that may arise in the course of performance of the provisions of these Terms and Conditions and accordingly declare their intention that these Terms and Conditions shall operate among them with fairness and covenant and agree with each other that they shall act reasonably at all times in carrying out their respective obligations and use all reasonable endeavors to ensure that full effect be given to the terms of these Terms and Conditions in the spirit in which it was agreed. 

 19. ASSIGNMENT

These Terms and Conditions shall be binding on the parties hereto and their respective successors and assigns. 

 20. NO PARTNERSHIP

Unless otherwise specifically agreed in writing, nothing in these Terms and Conditions or in your participation in the Web site in any capacity imply any relationship between The Project Partners and you other than that of service provider and customer. No relationship of agency, partnership, joint venture, employment, or franchise shall be construed.

 21. NOTICE

Any notice to you or to The Project Partners shall be made by either e-mail or regular mail.

 22. FURTHER ASSURANCE

Each party shall promptly execute all documents and do all things that any other party from time to time reasonably requires of it to effect, perfect or complete the provisions of these Terms and Conditions and any transaction contemplated by it. 

 23. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. The parties irrevocably agree that the courts of the United Kingdom shall have non-exclusive jurisdiction to settle any dispute, which may arise out of or in connection with these Terms and Conditions.

 24. DISPUTE RESOLUTION

The parties will attempt to resolve any dispute arising out of or relating to these Terms and Conditions or use of the Web site by negotiation between representatives with authority to settle the controversy. If such negotiations are not successful, the parties shall attempt to settle the dispute by mediation. If the dispute is not resolved by mediation, it shall be settled by binding arbitration. The place of arbitration shall be London, England.

 25. DEFINITIONS

• (a) 'Content' means all content of the Web site but excludes any content on any other Web site not operated by The Project Partners to which a hyperlink may be provided on the Web site.

• (b) 'Contributor' means any person who submits material for inclusion as Content on the Web site, whether the author or otherwise of that material.

• (c) 'The Project Partners' means The European Powder Metallurgy Association, and the companies and organisations who were partners in the Leonardo Da Vinci project called “Design for PM” .

• (d) 'Company' means any organization contactable through the Web site for provision of products or services to Users.

• (e) 'Participant' means a Contributor, Expert or User, and includes a person who may take part in the Web site in more than one of these capacities.

• (f) 'Related Parties' means in respect of The Project Partners, its successors and assigns, its subsidiaries, affiliates, officers, agents, or other strategic partners, contractors and employees, and the successors and assigns of any of them.

• (g) 'User' means any member of the public who registers with The Project Partners to access Content and to generally operate

• (h) 'Web site' means the Web site operated under the URL 'www.pmdatabase.com' or such substitute as The Project Partners decides from time to time, and includes any pages of that Web site.

• (i) Reference to a person includes a corporation.

• (j) Reference to the singular includes reference to the plural and vice versa.

• (k) Headings are for convenience only and shall not affect the interpretation of this Agreement.

• (l) Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

 26. ACKNOWLEDGE YOU ARE OVER 18 OR IF NOT, HAVE PARENTAL CONSENT

You acknowledge that as a Participant either: 

• (a) You are 18 years of age or over, or  

• (b) You are under 18 years of age but have the permission of a parent, guardian or other person with parental responsibility for you to use this Web site.