



 Terms &
Conditions
Please read
through these Terms carefully. By accessing the Executive-Magazine.com web site
at Executive-Magazine.com or
www.Executive-Magazine.com ("the Site")
or by otherwise accessing any content found on this web site, you are deemed to
have entered into an agreement with Executive Business Magazine ("Executive")
and to have agreed to be bound by the terms set out below. The Site is owned and
operated by Executive.
1.
Intellectual Property Protection
2. Use of Executive Content
3. License Fee Payment and Transactions
4. Term and Termination
5. Changes to the Site
6. Registration, Passwords and Responsibilities
7. Privacy Policy
8. Community Forums
9. No Warranty, Disclaimer of Liability and Indemnity
10. Force Majeure
11. Miscellaneous
12. Governing Law and Jurisdiction
These terms were
last updated on 05 January 2004.
1. Intellectual Property Protection
The contents and
design of the Site and any material e-mailed to you or otherwise supplied to you
in conjunction with the Site (such contents, design and materials being
collectively referred to as the "Executive Content"), are copyright of NewsMedia
sal and its licensors. You may not use or reproduce or allow anyone to use or
reproduce any trade marks (such as "Executive" name and logo or other trade
names appearing on the Site) for any reason without written permission from
NewsMedia sal. The software which operates the Site is proprietary software and
you may not use it except as expressly allowed under these Terms. You may not
copy, reverse engineer, modify or otherwise deal with the software.
2. Use of Executive Content
You may retrieve
and display the Executive Content on a computer screen or (if expressly
authorized) print individual pages on paper (but not photocopy them) and store
such pages in electronic form for your personal, non-commercial use. Except as
expressly set out above, you may not reproduce, modify or in any way
commercially exploit any of the Content. In particular, but without limiting the
general application of the restrictions contained in the preceding sentence, you
may not do any of the following without prior written permission from Executive:
- reproduce or store in or transmit to any other web site, newsgroup,
mailing list, electronic bulletin board, server or other storage device
connected to a network or regularly or systematically store in electronic or
print form, all or any part of the Executive Content, or
- modify, publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works from, distribute, perform, display, or in
any way exploit all or any part of the Executive Content (including use as
part of any library, archive or similar service) without the prior written
consent of Executive,
- remove the copyright or trade mark notice from any copies of the Executive
Content made under these Terms.
Any use of the
Executive Content not specifically permitted above is expressly prohibited.
Requests for permission for other uses may be sent to Executive-Magazine.com,
Sehnaoui Center, Ashrafieh, Beirut - Lebanon, or submitted using the Customer
Services contact
form, and may be subject to a fee.
3. Licence Fee, Payment, and Transactions
Access to
certain Executive Content may be subject to a fee. All payments (including
applicable taxes) must be made in advance in US Dollars. You are responsible for
the payment of all charges associated with the use of the Site using your ID.
If your use of
the Site is terminated by Executive, you will be entitled to receive a refund of
any credits or pre-payments which remain unused at the time of termination
unless such use is terminated because you are in breach of these Terms. You will
continue to be responsible for any fees or other charges incurred by you prior
to such termination.
You may use the
Site to purchase products or services from Executive's third party partners. In
that event, your contract for such products will be with the third party partner
and not with Executive.
Refunds for
Annual Web Subscriptions are given on a pro-rata basis, as long as more than
eight months of the subscription remains. The cost of each month (or part
thereof) of the subscription that has elapsed will be deducted from the cost of
the Annual Web Subscription at the prevailing monthly rate. After four months of
an Annual Web Subscription has elapsed, refunds cannot be given.
A credit will be
given for articles purchased on an individual basis.
Refunds can only
be made to the credit/debit/charge card that was used for the original purchase.
All refunds are at the discretion of Executive-Magazine.com.
4. Term and Termination
Executive may,
in its discretion, terminate or suspend your access to all or part of the Site
(including any right to access and use the Executive Content) with or without
cause by delivering notice to you.
The rights of
termination are in addition to all other rights or remedies of Executive
provided in these Terms or by law.
5. Changes to the Site
Executive
reserves the right, in its discretion, to suspend, change, modify, add or remove
portions of the Executive Content available on the Site at any time and to
restrict the use and accessibility of the Site.
6. Registration, Passwords and Responsibilities
Certain areas of
the Site are only open to you if you register. You are solely responsible for
the confidentiality and use of and access to the Executive Content and the Site
using your user name, sign-on password, and/or I.D. You agree to immediately
notify Executive if you become aware of any loss or theft of any sign-on
password or I.D. or any unauthorized use of a sign-on password, I.D., user name,
or of the Executive Content or the Site. You will provide Executive with
accurate, complete registration information (including in particular your e-mail
address) and inform Executive of any changes to such information. For the
purpose of confirming your compliance with the terms of these Terms, Executive
reserves the right to monitor and record activity on the Site, including access
to the Executive Content.
Each
registration is for a single user only. You may not share your user name and
password with any other person. Executive does not permit access through a
single name and password being made available to multiple users on a network.
Executive may cancel or suspend your access to the Site if you do this without
further obligation to you.
7. Privacy Policy
The information
that you provide about yourself to Executive will only be used in accordance
with Executive's
Privacy Policy Statement.
8. Community Forums
The Site may
include bulletin boards, discussion groups and other public areas that allow
feedback to Executive and interaction between users and Executive
representatives ("Forums"). While Executive does not control the
information/materials posted to Forums by users (the "Messages"), it reserves
the right (which it may exercise at its sole discretion without notice) to
delete, move or edit the Messages and to terminate your access to and use of the
Forums.
You are solely
responsible for the content of your Messages. You must comply with any rules
posted by Executive on a Forum. You may not:
- post, link to or otherwise publish any Messages containing any form of
advertising or promotion for goods and services or any chain Messages or
"spam";
- post, link to or otherwise publish any Messages with recommendations to
buy or refrain from buying a particular security or which contain confidential
information of another party or which otherwise have the purpose of affecting
the price or value of any security:
- post, link to or otherwise publish any Messages that are unlawful,
threatening, abusive, libelous, indecent, infringe copyright or other rights
of third parties or which contain any other form of illegal content;
- post or otherwise publish any Messages that contain a virus or other
harmful component;
- disguise the origin of any Messages;
- impersonate any person or entity (including Executive employees or Forum
guests or hosts) or misrepresent any affiliation with any person or entity;
- post or otherwise publish any Messages unrelated to the Forum or the
Forum's topics;
- post or transmit any Messages that contain software viruses, files or code
designed to interrupt, destroy or limit the functionality of the Site or any
computer software or equipment;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the Forums.
By submitting
Messages to any Forum you agree to indemnify and hold harmless Executive from
all claims, costs and expenses (including legal expenses) arising out of any
Messages posted or published by you that are in breach of this section 8.
The Forums
contain Messages submitted by users over whom Executive has no control.
Executive cannot guarantee the accuracy, integrity or quality of any Messages.
Some users may breach these terms and post Messages that are misleading, untrue
or offensive. You must bear all risk associated with your use of the Forum and
should not rely on Messages in making (or refraining from making) any specific
investment or other decisions.
By submitting
Message to a Forum you are granting Executive perpetual royalty free
non-exclusive license to reproduce, modify, translate, make available,
distribute and sub-license the Message in whole or in part and in any form. This
may include personal information such as your user name and alias and your
expressions of opinion. Executive reserves the right to contact you by e-mail
with regard to your use of the Forums. You waive any moral rights that you may
have in regard to the Messages you submit.
It is not
possible for Executive to fully and effectively monitor Messages that are
submitted for infringement of third party rights. If you believe that a message
infringes your legal rights, you should notify Executive immediately by means of
the Customer Services
contact form.
9. No Warranty, Disclaimer of Liability and Indemnity
Whilst every
effort has been made to ensure the high quality and accuracy of the Site,
Executive makes no warranty, express or implied concerning the Executive
Content, the Site, software or products or services available through the Site
(the "Site Services"), which are provided "as is". Executive expressly disclaims
all warranties, including but not limited to warranties of fitness for a
particular purpose and warranties of merchantability. In no event will
Executive, its affiliates or other suppliers be liable for direct, special,
incidental, or consequential damages (including, without limitation, damages for
loss of business profits, business interruption, loss of business information or
other pecuniary loss) arising directly or indirectly from the use of (or failure
to use) or reliance on the Site Services, even if Executive has been advised of
the possibility that such damages may arise. Executive does not guarantee the
accuracy, content, or timeliness of the Site Services or that they or related
systems are year 2000 compliant or free from viruses or other contaminating or
destructive properties.
In no event will
any liability of Executive, its affiliates, agents and licensors to you (and/or
any third party) arising out of any kind of legal claim (whether in contract,
tort, or otherwise) in any way connected with the Site Services or breach of
these Terms by Executive exceed the amount, if any, paid by you to Executive in
respect of the particular Site Service to which the claim relates.
Upon Executive's
request, you agree to defend, indemnify and hold harmless Executive from any
claims and expenses, including reasonable legal fees, related to any breach of
these Terms by you or your use of any Site Services.
10. Force Majeure
Executive, its
affiliates and its information providers will not be liable or deemed to be in
default for any delay or failure in performance or interruption of the delivery
of the Executive Content resulting directly or indirectly from any cause or
circumstance beyond its or their reasonable control, including but not limited
to failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses, unauthorized access,
theft, operator errors, severe weather, earthquakes or natural disasters,
strikes or other labour problems, wars, or governmental restrictions.
11. Miscellaneous
Changes to
these Terms. Executive may, in its discretion, change these Terms (including
those relating to your use of Site and/or the Executive Content). When Terms are
changed, Executive will notify you by email or by publishing details of those
changes by including them in these Terms. If you use the Site after Executive
has published or notified you of the changes, you are agreeing now to be bound
by those changes. If you do not agree to be bound by those changes, you should
not use the Site any further after they are published. Access to certain the
Executive Content may be subject to additional terms and conditions.
Advertising,
Third Party Content and other Web Sites. Parts of the Site may contain
advertising or other third party content. Advertisers and other content
providers are responsible for ensuring that material submitted for inclusion on
the Site complies with international and national law. Executive is not
responsible for any third party content or error, omission or inaccuracy in any
advertising material. The Site may contain links to other web sites. Executive
is not responsible for the availability of these web sites or their contents.
Assignment of
Agreement. This agreement is personal to you and your rights and obligations
under these Terms may not be assigned, sub-licensed or otherwise transferred.
This agreement may be assigned to a third party by Executive.
Non-Waiver.
No delay or omission on the part of either party in requiring performance by the
other party of its obligations will operate as a waiver of any right.
Notices.
Notices to Executive must be given in writing by letter and sent to Executive's
last known place of business in Beirut.
Severability/Survival/Statute of Limitations. If any provision of these
Terms is invalid or unenforceable, such will not render all the Terms
unenforceable or invalid but rather the Terms will be read and construed as if
the invalid or unenforceable provision(s) are not contained therein. Any cause
of action of yours with respect to these Terms must be filed in a court of
competent jurisdiction in London, England, within one year after the cause of
action has arisen, or such cause will be barred, invalid, and void.
Whole
Agreement. Save as expressly referred to herein, any representation,
warranty, term or condition not expressly set out in these Terms shall not
apply.
Headings.
Headings in these Terms are for convenience only and have no legal meaning or
effect.
12. Governing Law and Jurisdiction
These Terms
shall be governed by, and construed in accordance with, Lebanese law. The
parties irrevocably agree that the courts of Lebanon shall (subject to the
paragraph below) have exclusive jurisdiction to settle any dispute which may
arise out of, under, or in connection with these Terms or the legal relationship
established by them, and for those purposes irrevocably submit all disputes to
the jurisdiction of the Lebanese courts.
For the
exclusive benefit of Executive, Executive shall retain the right to bring
proceedings as to the substance of the matter in the courts of the country of
your residence or, where these Terms are entered into in the course of your
trade or profession, the country of your principal place of business.
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