About these Terms
These Terms of Service (together with the documents referred to herein) set out the terms on which you may make use of this Site, the Software and/or the Service made available at the Site, or otherwise provided to you, by PRESERIA.
References to “PRESERIA” or “STAY FROSTY AS” or “the Company” or “we” or “us” or “our” in these Terms of Service, means STAY FROSTY AS, a private company limited by shares incorporated in Norway under number 998515777 having its registered office at Oslo Innovation Center, Gaustadalleen 21, 0349 Oslo, Norway.
These Terms of Service include and are made up of the following:
- Glossary of Defined Terms
- Acceptable Use Policy (including Content Standards)
- General Terms of Service
By using this Site, the Service, the Software and/or entering into a contract with us, you confirm that you accept these Terms of Service as they apply to you and that you agree to comply with them. If you do not agree to these Terms of Service, you must not use this Site, the Software or the Service.
We reserve the right to update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes will constitute your acceptance of them. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
Privacy, Data Protection and Cookies
1.GLOSSARY OF DEFINED TERMS
In the Terms of Service, the following expressions have the following meanings unless the context otherwise requires.
“Acceptable Use Policy” means PRESERIA’s acceptable use policy for the Site and any Software or Service made available by PRESERIA on the Site and set out in section 2 of the Terms of Service.
“Account” means an account set up by a Conference Participant with PRESERIA to access, upload presentation files, upload profile pictures, submit biographies, and/or participate in a Conference that has already been created by a Conference Organizer.
“Applicable Law” means (i) any and all laws, statutes, regulations, by-laws, orders, ordinances and court decrees that apply to the performance, supply and use of the Service and (ii) the terms and conditions of any applicable approvals, consents, exemptions, filings, licenses, authorities, permits, registrations or waivers issued or granted by, or any binding requirement, instruction, direction or order of, any applicable government department, authority or agency having jurisdiction in respect of that matter.
“Brexit” means the United Kingdom ceasing to be a member state of the European Union.
“Brexit Trigger Event” means any of the following events occurring at any time after the UK cease to be a Member State of the European Union:
- a substantial adverse impact on the Party’s ability to perform the Agreement in accordance with its terms and the law;
- an increase in the costs incurred by a party in performing the Agreement of at least 15% since the price for the Service was last agreed;
- the price of the Service under this Agreement is at least 15% lower than the market value for similar services.
“Business Day” means a day other than a Saturday, Sunday or public holiday in Norway, when banks in Oslo are open for business.
“Business Hours” means 9:00am to 5:00pm inclusive (Central European Time) on any Business Day.
“Charges” means the charges set out in the Order, or otherwise agreed in writing by PRESERIA and the Conference Organizer, which are payable by a Conference Organizer to subscribe to and use the Service pursuant to this Agreement.
“Commencement Date” has the meaning given to it under clause 3.1.2 of the General Terms of Service.
“Conference” means a conference, seminar or other event which is organized, owned and/or managed by a Conference Organizer using the Service.
“Conference Organizer” means a natural person, partnership or incorporated organization, entity or association which subscribes to the Service to create, own and/or manage a Conference.
“Conference Organizer Personal Data” where the Conference Organizer is a Controller of Personal Data, means the Personal Data provided or made available to PRESRIA, or collected or created for the Conference Organizer in relation to a Conference and/or the Service.
“Conference Participant” means a person who sets up an Account and accesses, uploads presentations, uploads profile pictures, submits biographies and/or participates in a Conference.
“Confidential Information” means, all information of a confidential nature relating to the relevant party to this Agreement, its servants, agents, or subcontractors which is provided to another party, its or its servants, agents, or sub-contractors, in whatever form, and includes information given orally and any document, electronic file or any other way of representing or recording information which contains, or is derived, or copied from such information, including but not limited to information relating to a Conference Participant, but excludes information that:
- is or becomes public information other than as a direct or indirect result of any breach of this Agreement by the receiving party; or
- is identified in writing at the time of delivery as non-confidential by the disclosing party its servants, agents, or sub-contractors; or;
- is known by the receiving party before the date the information is disclosed by the disclosing party to the receiving party or any of the receiving party’s servants, agents, or sub-contractors or is lawfully obtained by the receiving party after that date, from a source which is, as far as the receiving party is aware, unconnected with the disclosing party and which, in either case, as far as the receiving party is aware, has not been obtained in breach of, and is not otherwise subject to, any obligation of confidentiality.
“Content” means any information, files, data, reports, materials, articles, presentations, images, media, videos and other recordings, comments, code or other content of any kind.
“Content Standards” means the standards that must be complied with when a User, a Conference Organizer and/or a Conference Participant uploads to or makes available on the Site and/or the Service any Content, as further described in the Acceptable Use Policy.
“Contract” means the contract between PRESERIA and a Conference Organizer and/or a Conference Participant in relation to the supply and use of the Service in accordance with these Terms of Service.
“Contribution” means any contribution made or Content uploaded to and made available on the Site and/or the Service by a User, a Conference Organizer and/or a Conference Participant.
“Controller” with regard to Personal Data, has the meaning given to it under the GDPR.
“Data Protection Legislation” means all Applicable Law, including the GDPR, and any binding codes of practice or regulations or other legislation made under or separate to the GDPR relating to the Processing of Personal Data.
“Data Subject” with regard to Personal Data, has the meaning given to it under the GDPR, and for these purposes may include an individual Conference Participant or User.
“EEA” means the European Economic Area.
“PRESERIA” or “STAY FROSTY AS” or “the Company” or “we” or “us” or “our” in these Terms of Service means STAY FROSTY AS, a private company limited by shares incorporated in Norway under number 998515777 having its registered office at Oslo Innovation Center, Gaustadalleen 21, 0349 Oslo, Norway.
“PRESERIA IPR” means all IPR owned and/or controlled by PRESERIA in and to the Site, the Software and the Service.“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data as applicable as of 25 May 2018, as may be amended from time to time.
“General Terms of Services” means the general term of service set out in section 3 of these Terms of Service.
“Intellectual Property Rights” or “IPR” means patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Interactive Services” means interactive services provided by PRESERIA on the Site or as part of the Service, including, without limitation, providing feedback to Conference Participants in relation to submissions uploaded to the Conference, messaging Conference Participants, following or adding Conference Participants to their respective contacts lists, any Content and/or the Service.
“Licence Term” with regard to a Conference Organizer, means the period commencing on the Commencement Date and continuing for the duration of its paid license of the Service (when it automatically terminates) as set out in the Order or otherwise agreed in writing by PRESERIA.
“Order” means your written acceptance of PRESERIA’s quotation and/or Proposal for the Service.
“Personal Data” has the meaning given to it in the GDPR.
“Personal Data Transfers” means the transmission of data through a network, or any communication, copying or transmission of Personal Data from one medium to another, irrespective of the type of support, since these Personal Data are intended to be processed and/or stored in the Third Country.
“Processing” with regard to Personal Data, means has the meaning given to it in the GDPR and the expression “process” shall be construed accordingly.
“Processor” with regard to Personal Data, has the meaning given to it in the GDPR.
“Proposal” means the proposal issued by PRESERIA to a Conference Organizer to provide the Service for a single Conference or multiple Conferences.
“Security Breach” means an incident which resulted in (or which if successful would have resulted in) the accidental or unlawful destruction, loss, alteration or unauthorized disclosure of, or access to, Conference Organizer Personal Data while in the custody or control of PRESERIA or a Sub-Processor.
“Service” means the service to be provided by PRESERIA to a Conference Organizer or a Conference Participant pursuant to the Terms of Service.
“Site” means www.preseria.com or any other website operated by PRESERIA in relation to the Service.
“Software” means the application, code and/or other software which is owned and/or controlled by PRESERIA and made available for use with or as part of the Service.
“Sub-Processor” means another Processor engaged by PRESERIA to carry out Processing activities in respect of the Conference Organizer Personal Data on behalf of and authorized by the Conference Organizer in accordance with clause 3.10 of the General Terms of Service.
“Terms of Service” or “Agreement” means these Terms of Service, and any valid amendment to them.
“Third Country” means all states that are not members of the EEA or which have not been recognized by the European Commission as providing an adequate level of protection for Personal Data.
“User” means a user of the Site, the Software and/or the Service other than a Conference Organizer or a Conference Participant.
“You” or “Your” under these Terms of Service means the Conference Organizer, Conference Participant or User, as the context requires.
1.2.1 Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.
1.2.2 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
1.2.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.2.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.2.5 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement.
1.2.6 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.
1.2.7 A reference to writing or written includes email but not faxes.
1.2.8 References to clauses and schedules are to the clauses and schedules of this Agreement.
2.ACCEPTABLE USE POLICY
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE, THE SOFTWARE AND/OR THE SERVICE
This Acceptable Use Policy sets out the Content Standards that apply when you upload Content to the Site, make contact with others on the Site, link to the Site, or interact with the Site in any other way. This Acceptable Use Policy applies to Users, Conference Organizers and Conference Participants and their use of the Site and any Software or Service via the Site.
The capitalized terms used in this Acceptable Use Policy have the meanings given to them in the Glossary of Defined Terms.
2.1 ACCEPTANCE OF THESE TERMS
By using the Site, the Software and/or the Service, you confirm that you accept the terms of this Acceptable Use Policy and that you agree to comply with them. If you do not agree to these terms, you must not use the Site, the Software and/or the Service. We recommend that you print a copy of these terms for future reference.
2.2 OTHER TERMS THAT MAY APPLY TO YOU
Our Terms of Service also apply to your use of the Site, the Software and/or the Service. This Acceptable Use Policy forms part of, and should be read together with, our Terms of Service.
2.3 CHANGES TO THE TERMS OF THIS POLICY
We amend these terms from time to time. Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.
2.4 PROHIBITED USES
2.4.1 You may use the Site, the Software and the Service only for lawful purposes. You may not use the Site, the Software and/or the Service:
- in any way that breaches any Applicable Law, including any Data Protection Legislation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm children or vulnerable adults in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and/or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect (i) the operation of any computer software or hardware and/or (ii) the security of any Personal Data.
2.4.2 You also agree:
- Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- Not to bypass any measures we may use to prevent or restrict access to our Site, the Service and/or the Software (or other accounts, computer systems, or networks connected to our Site, the Service and/or the Software);
- Not to copy, license, distribute, sell or otherwise market the Software or the HTML / CSS / JS or visual design elements of our Site, the Service and/or the Software, or any part thereof, or authorize any third party to do any of the foregoing;
- Not to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas, or algorithms of any part of our Site, the Service and/or the Software, except to the limited extent Applicable Law specifically prohibit such restriction;
- Not to act in a manner that negatively affects other users’ ability to use our Site, the Service and/or the Software;
- Not to remove any patent numbers, copyright notices or other notices from our Site, the Service and/or the Software;
- Not to infringe or attempt to infringe our copyright, trade mark or other Intellectual Property Rights (including our Intellectual Property Rights in and to the Software) or the copyright, trade mark or other Intellectual Property Rights of any third party (including the Intellectual Property rights of any other User, Conference Participant or Conference Organizer).
- Not to reproduce, duplicate, copy or re-sell any part of the Site, the Software and/or the Service in contravention of the provisions of this Acceptable Use Policy or any other part of the Terms of Service;
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Site, the Software and/or the Service;
- any equipment or network on which the Site, the Software and/or the Service is or are stored;
- any Software used in the provision of the Site and/or the Service; or
- any equipment or network or software owned or used by any third party.
2.5 INTERACTIVE SERVICES
2.5.1 We may from time to time provide Interactive Services.
2.5.2 Where we do provide Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.5.3 We will do our best to assess any possible risks for users (and in particular, for children or vulnerable adults) from third parties when they use any Interactive Services provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a User, Conference Organizer or Conference Participant in contravention of our Content standards, whether the Interactive Services are moderated or not.
2.5.4 Where we do moderate an Interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
2.6 CONTENT STANDARDS
2.6.1 Whenever you make use of a feature that allows you to upload Content to our Site or make another Contribution or make contact with other Users, Conference Organizers or Conference Participants, you must comply with the Content Standards notified to you prior to uploading and as set out in this Acceptable Use Policy. These Content Standards apply to any Contribution a User, a Conference Organizer and/or a Conference Participant makes to the Site and/or the Service and to any Interactive Services associated with it.
2.6.2 The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
2.6.3 PRESERIA will determine, in its discretion, whether a Contribution breaches the Content Standards.
2.6.4 A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with Applicable Law in Norway and in any country from which it is posted.
2.6.5 A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of or other Intellectual Property Rights of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Show or include flashing, shaking creatives and/or misleading banners, including but not limited to imitating activities from known brands, featuring pay per click or pay per search programs, chat/instant messaging, video chat and live streaming unrelated to the objectives of the Conference, and/or malicious or suspicious activity or any Content which may determine, in our sole discretion, to be inappropriate.
- Give the impression that the Contribution emanates from PRESERIA, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.