ESGE TERMS OF USE

1. ACCEPTANCE

These Terms of Use together with the Privacy Policy and all other additional terms and information that may be provided within the Service (collectively "Terms") govern your use of the service, site, content and software (collectively the "Service"). By registering for or using the Service or any portion of it you accept the Terms.

The Terms constitute an agreement between you and European Society of Gastrointestinal Endoscopy (ESGE), Landwehrstraße 9, 80336 Munich including its affiliates (collectively “partner”), defining your and ESGE's rights and responsibilities with respect to the Service.

2. REGISTRATION AND TERMINATION

To use a Service you may need to register and create an account with username and a password. You may need to provide us with certain personal and other information. ESGE may verify your email address before account can be used.

You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify ESGE about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.

You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. ESGE may terminate your registration or restrict your access to certain parts of the Service if ESGE reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.

Except as set forth in the Privacy Policy, ESGE is not responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or ESGE, traces or copies may still remain elsewhere.

3. USING THE SERVICE

You agree to:

• Comply with applicable laws, the Terms and good manners;
• Use the Service only for your personal, non-commercial purposes;
• Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
• Respect the privacy of others;
• Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
• Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users;
• Not to use any automated systems or means to access, acquire, copy or monitor any part of the service;
• Be responsible for the consequences related to the Material that you post.

ESGE may but has no obligation to:

• Monitor or moderate any Content or Material;
• Remove any Material from the Service; and
• Restrict access to any part of the Service at any time in its sole discretion.

4. CONTENT

You agree:

• To use the Content only for your personal, non-commercial purposes;
• To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
• ​Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise ESGE promptly of any such unauthorized use;
• Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
• Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
• ​Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.

The Content is owned and/or controlled by ESGE and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, ESGE may enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. ESGE may be acting as an agent for third party Content provider in providing the Content to you. ESGE is not a party to the transaction between you and the third party Content provider for such Content.

5. FEES

Your use of the Service may be or may become subject to charges. Use of the Service may involve transmission of data through your service provider’s network. Additional cost may occur. ESGE assumes no responsibility for the payment of any charges of your service providers.

5. 1 For Individual Membership fees and event registrations 

Individual Membership fees

The annual fee for ESGE Individual Membership is valid for the term beginning on January 1 and ending on December 31 of the current year. ESGE offers a reduced ‘mid year’ fee for standard Individual Members joining in a later in the year.

Cancellations and Refund Policy

ESGE Individual Membership termination for the following year is possible with written notice, by letter or email to Membership@ESGE.com, received by the ESGE Office by October 31 of the current membership year. If the membership is not terminated by October 31 of the membership year, it will automatically be extended for a further year and a refund will not be possible.

The annual Individual Membership fee will be automatically deducted in December of the current membership year using payment details you provided at the check-out. Should you wish to change the recurrent payment method, the ESGE Office must be informed by email (sent to Membership@ESGE.com), also by October 31.

Online application may be withdrawn within 14 days from the application submission date. Written notice is required. In such cases payment will be reimbursed. After 14 days from submission date, the reimbursement is not possible.

6. FEEDBACK TO ESGE

By submitting any ideas, feedback and/or proposals ("Feedback") to ESGE through the Service or other means, you acknowledge and agree that:

• ESGE may have similar development ideas to the Feedback;
• Your Feedback does not contain confidential or proprietary information of you or any third party;
• ESGE is not under any obligation of confidentiality with respect to the Feedback;
• ESGE may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and
• You are not entitled to any compensation of any kind from ESGE

7. SOCIAL ACTIVITIES AND LOCATION SHARING

You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that ESGE may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that:

• Contains content or other material that is illegal or inappropriate; or
• Exploits intellectual property rights without authorization or encourages users to piracy.

8. AVAILABILITY AND TECHNICAL REQUIREMENTS

The availability of Content and the Service may vary and is subject to ESGE's sole discretion. ESGE expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.

To access the Service, you may need to download a specific piece of software developed by ESGE or by another party.

ESGE may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest ESGE device software and applications, your device may automatically check for the availability of software updates. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If ESGE considers a Software update to be important or critical you may not continue using the previous version of the Software. ESGE may prevent your use of the previous version of the Software or Service until you install the update.

ESGE may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.

A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. ESGE may significantly change any version of Service or Software or decide not to release a final version.

9. LINKS TO THIRD PARTY SITES AND CONTENT

ESGE may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.

ESGE has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that ESGE endorses the site or the products or services referenced in the site.

In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. ESGE is not responsible for this type of content or links. 

10. PERSONAL DATA

The Privacy Policy and any additional privacy information made available to you govern the use of your personal data.

11. LIMITATION OF LIABILITY

The Service is provided on “AS IS” and “AS AVAILABLE” basis. ESGE does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.

Except for liability caused by its gross negligence or intentional misconduct, ESGE is not liable for any direct damages caused by your use or inability to use the Service. In no case will ESGE be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.

12. INDEMNIFICATION

You agree to defend and indemnify ESGE from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of .

• Your breach of the Terms, 
• Your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or 
• Misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.

13. MISCEALLANEAOUS

13.1 Choice of Law 

The Terms are governed by the laws of Germany without regard to its conflicts of law provisions.

13.2 Validity 

The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these ESGE Service Terms and the Privacy Policy, the provisions of these ESGE Service Terms prevail. The provisions of the Terms that are intended to survive termination of your registration remain valid after termination. 

13.3 Changes in Terms

ESGE may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, ESGE will provide a separate notice advising of the change. 

You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.

14. INTELLECTUAL PROPERTY

The Service, Content and Software are protected under international copyright laws. ESGE claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, ESGE retains all right, title and interest in the Service, its Content, the Software and in all other ESGE products, software and other properties provided to you or used by you through the Service.

15. ASSIGNMENT

ESGE may assign its rights and obligations under these Terms to its subsidiaries, or to any company under common control with ESGE. Additionally, ESGE may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.