Terms and Conditions

Introduction

These Terms and Conditions govern the access and use of the esdipath.org (“Website”) by its visitors or users (hereinafter, “User” or “Users”).

The Website is property of ESDIP – European Society of Digital and Integrative Pathology, with head office at Rua da Constituição, no. 668, 1.º esquerdo-traseiras, 4200-194, Porto Portugal, a Portuguese law non-profit scientific association, with Portuguese tax identification number 516 453 530 (hereinafter “ESDIP”).

Users by visiting or using the Website or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (collectively, “Content”), resources and services, including newsletter subscriptions, as well as services provided within the scope of the implementation of digital pathology projects (collectively, including Content, the “Services”), accepts (i) these Website’s Terms and Conditions (“Terms and Conditions”) and confirms the reading and understanding of the (ii) Privacy Policy made available on the Website.

Services

ESDIP’s website aims to further the advancement of Digital and Integrative Pathology through a range of initiatives. These include promoting group activities such as workshops, conferences, and courses, as well as providing regular newsletters that highlight the latest news in the field and recap ESDIP's activities in pursuit of its scope. Additionally, the organization offers tools and platforms to support research on this subject. Interested parties can apply for Membership, which provides access to optimized mechanisms of interaction with professionals in the field, the latest studies, and discounts for the European Congress on Digital Pathology.

The provision of these Services requires the provision and collection of personal data through the website forms.

ESDIP suggest you consult Privacy Policy (https://www.esdipath.org/privacy-policy/) and Cookie Policy (https://www.esdipath.org/cookie-policy/).

User’s Responsibility

ESDIP hereby reserves the right to modify or update these Terms and Conditions at any time without prior notice to users. Any changes will be published on the Website, and it is the exclusive responsibility of the User to verify and comply with the revised terms each time they access or use the Website. By continuing to access or use the Website after any modifications or updates to the Terms and Conditions have been posted, the User accepts and agrees to be bound by the revised Terms and Conditions.

ESDIP disclaims all liability for any loss or damage that may arise from the User's failure to review or comply with the current Terms and Conditions. Continued use of the Website after any changes to the Terms and Conditions have been published constitutes acceptance of the updated Terms and Conditions by the User. It is the User's responsibility to review the Terms and Conditions periodically to stay informed of any changes. If the User does not agree with the updated wording of the Terms and Conditions or any changes made to them, the User must immediately cease using the Website and the Services.

The user hereby acknowledges and agrees that, by accessing, using, and downloading materials from the Website, they do so on their own behalf and/or on behalf of the entity they represent, and they agree to promptly comply with the provisions of these Terms and Conditions.

The user further represents and warrants that they have the legal capacity to act on behalf of any third party they represent and that they have obtained all necessary authorizations and consents to enter into and perform their obligations under these Terms and Conditions on behalf of such third party, whether applicable.

Access to the Services is expressly prohibited by any means other than through the interface provided by ESDIP, as well as access (or attempt to access) to the Website and/or to the Services through automated means (including the use of scripts or web crawlers).

The use of the Website for purposes other than those for which the Website is intended, including illegal purposes or any other that may be considered harmful to the image of ESDIP, is expressly prohibited: usurpation, counterfeiting, use of usurped or counterfeited content, illegitimate identification and unfair competition entail criminal and/or contravention responsibility.

The user agrees not to create, upload, transmit, or distribute any viruses, malware, or other malicious software that could damage, interfere with, or disrupt the normal functioning of the Website, or that could compromise the security or integrity of the Website or its content.

The user also agrees not to advise or encourage any third party to engage in any such activity. Any attempt to damage, interfere with, or disrupt the Website or its content may constitute a violation of applicable laws and could result in civil or criminal liability.

ESDIP reserves the right to take any legal or technical measures it deems necessary to prevent or respond to any unauthorized use or attack on the Website or its content. The User shall indemnify and hold harmless ESDIP and its affiliates, directors, officers, employees, and agents from any claims, damages, or expenses arising from their breach of these provisions or any unauthorized use or attack on the Website or its content.

The user is also prohibited to create or enter on this Website any types of viruses or programs that damage or contaminate it or advise third parties to do so.

ESDIP’s Rights and Obligations

ESDIP reserves the right to:

  • modify, add or remove parts of the Terms and Conditions at all time;
  • modify or terminate the Services for any reason and without prior notice at all times; and
  • modify, replace, refuse access to the Website and to the Services, suspend or discontinue them, in whole or in full.

These changes will take effect from their placement on the Website or on the date of submission of any communications.

Intellectual Property

All information contained on the Website and the Services, and all data and information compiled by ESDIP associated to it (such as data files, written text, software, music, audio files or other sounds, photographs, videos or other images) to which the User may have access as part of the Services or through their use are considered content of ESDIP.

The user is not allowed to modify, allocate, borrow, sell, distribute, or create a derivative work based on such content (partially or totally) unless they have been expressly authorized in writing for this purpose by ESDIP or by a third party who holds their intellectual property and personality rights.

The user acknowledges and agrees that ESDIP retains all intellectual property rights (whether such rights are registered or unregistered and wherever in the world such rights may exist) in relation to the Services. ESDIP retains all rights not expressly granted to the User in these Terms and Conditions.

The user further agrees not to remove, obscure, or alter any intellectual property rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

Trademarks

The user acknowledges and agrees that all registered trademarks, logos, domain names, and other distinctive brand features (collectively, "ESDIP’s Trademarks") are the exclusive property of the ESDIP or its licensors, and nothing in these Terms and Conditions shall be construed as conferring any licence or right to use any ESDIP’s Trademarks without the express written permission of the ESDIP.

The user further acknowledges and agrees that any unauthorized use of ESDIP’s Trademarks may give rise to legal liability and/or result in the termination of their access to the Website. The User shall indemnify and hold harmless ESDIP and its affiliates, directors, officers, employees, and agents from any claims, damages, or expenses arising from their breach of these provisions or any unauthorized use of ESDIP’s Trademarks.

ESDIP reserves the right to take any legal or technical measures it deems necessary to prevent or respond to any unauthorized use of ESDIP’s Trademarks. User agrees to promptly notify the ESDIP in writing of any suspected or actual unauthorized use of ESDIP’s Trademarks or any other breach of these provisions.

Disclaimer of Warranty

To the extent permitted by applicable legislation, services are provided “as is” and “as available” and ESDIP does not provide any kind of guarantee in relation to them. In particular, ESDIP does not guarantee that (i) the Services will meet User’s needs or expectations; (ii) the use of the Services is not interrupted, or that it is punctual, secure or error-free; (iii) any information obtained, resulting from the use of the Services is accurate or reliable; and (iv) defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.

No conditions, guarantees or other terms (including any implied terms as to satisfactory quality, fitness for a purpose or conformity with description) apply to the Services except to the extent expressly set out in these Terms and Conditions.

ESDIP makes no representations or warranties regarding the payment methods available on the Website - which redirect to their own platforms and have their own policies.

The use, by the User, of the Website, the Services or any materials downloaded or otherwise obtained using the Services is made at the User’s sole cost and risk and is solely responsible for any damages and lost profits caused to the equipment on which it makes use or visualization of the Website, Services, and materials available there.

No recommendation or information, oral or written, of ESDIP shall be construed as constituting a guarantee of any kind, unless expressly provided for in these Terms and Conditions.

In order to provide convenient access for the User, ESDIP may include hyperlinks or links to third-party websites on the Internet. When using links to such third-party websites, the User must review and accept the rules of that website before using it. ESDIP does not have any control over the content or operation of these third-party websites, and does not endorse or assume any responsibility for any material, information, products or services available on or through these third-party websites. The User acknowledges and agrees that the use of these third-party websites is at their own risk, and that ESDIP shall not be liable for any damages or losses arising out of or in connection with the use of these third-party websites. The inclusion of links to third-party websites on ESDIP’s website does not mean that ESDIP endorses the website, or the products and services referenced therein.

Limitation of Liability

To the extent permitted by applicable law, ESDIP assumes no responsibility for any damages resulting from:

  • any changes that ESDIP may make to the Services or any permanent or temporary termination of the provision of the Services (or any features of the Services);
  • deletion, corruption or storage error of any content or any communications data maintained or transmitted by or using the Services; and
  • direct or indirect violation of these Terms and Conditions.

ESDIP’s liability as indemnification for any emerging damages related to the Website and the Services, caused by ESDIP, their representatives or assistant is limited to cases where it acts with criminal intent or gross negligence, and any liability for lost profits is excluded. If you disagree, in part or in full, with the Website or the Services, or these Terms and Conditions, you only have the possibility to stop using the Website or the Services, as applicable.

Privacy Policy

For any question and doubt regarding data processing, User shall consult the Privacy Policy (https://www.esdipath.org/privacy-policy/). The Privacy Policy contains an explanation of the procedures adopted by ESDIP and by third-parties entities providing services through the Website, as part of the processing of personal data of their Users and the protection of their privacy, when using the Website and the Services.

Miscellaneous

Conflict. In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions existing on the Website relating to certain materials, the latter should prevail.

Waiver. The non-exercise or non-immediate application of rights or provisions by ESDIP provided for in the Terms and Conditions, shall not be construed as a waiver thereof.

Entire Agreement. The Terms and Conditions constitute the entire agreement between the User and ESDIP regarding the use and consultation, by the User, of the Website and the Services, and regulate their use (excluding any Services that may be provided by ESDIP under a separate written agreement), fully replacing any previous agreements established between the User and ESDIP in relation to the Website and the Services.

Severance. The invalidity, declared by a court or arbitral award passed on trial, of any provision of the Terms and Conditions does not determine the invalidity of the other provisions, reserving ESDIP the right, where appropriate, to modify the Terms and Conditions accordingly in order to rectify the invalidity.

Notices. Any notifications and communications from ESDIP to the User under the Terms and Conditions shall preferably be made to the email address or address made available by the User in their User Account. However, ESDIP may use other methods of contact as well.
Any notifications, communications and complaints from the User should preferably be made to the following email address: admin@esdipath.org.

Governing Law. Jurisdiction

The Terms and Conditions, as well as the User relationship with ESDIP in accordance with them, are governed by applicable Portuguese law.

The User and ESDIP understand and agree to submit to the exclusive jurisdiction of the courts of Oporto district to resolve any legal matters resulting from the Terms and Conditions, without prejudice to the applicable mandatory legal rules. Notwithstanding the above-mentioned, ESDIP may apply precautionary measures (or an equivalent type of urgent legal compensation) in any jurisdiction.

Date of last update: 21 May 2023

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