TERMS AND CONDITIONS

Intellectual Property Provisions

Important - this is a legal agreement between, on the one hand, 
LEGAL-MALTA which produces The Malta Business Law Portal (www.legal-malta.com) and, on the other, member and non-member visitors and users of the same web site.

Any use of the web site and its content is subject to the following terms and conditions.  Please read these terms carefully.

From time to time, LEGAL-MALTA may modify this agreement. Accordingly, please continue to review this agreement whenever accessing or using the web site. If at any time you do not wish to accept this agreement, you may not use the web site. You may only use the web site in accordance with the terms outlined below. Your use of the web site indicates your acceptance of said terms and conditions. If you do not accept such terms and conditions you may not use the web site and its content.

1

Copyrights clauses

1.1

LEGAL-MALTA owns the copyright in the data, table, graphic, editorial or other content of its web sites’ pages and in the data appearing on its web sites unless another copyright holder is credited on the relevant web page.

1.2

We appreciate that our material may help to back-up your own research or to augment your organisation’s promotional activities. You may use the LEGAL-MALTA owned material on this web site, including any material provided in Lex e-Scripta, for non-commercial use provided you do all of the following:

a)

act within the copyright laws of the Republic of Malta as well as any legislation of the European Community, or of the territory in which LEGAL-MALTA originally published the material;

b)

publish the material without any adjustment which would alter its meaning or bring LEGAL-MALTA, its representatives, agents, clients, contributors or the subject of the material or any other person or entity into disrepute;

c)

meet the requirements of current Human Rights legislation and Data Protection Law within Europe (which rights may extend to individuals and entities resident outside the European Economic Area);

d)

publish a credit and include proper attribution to LEGAL-MALTA or to a specific and relevant LEGAL-MALTA publication or web site, AND to any individually named author, at the foot of the re-used material, together with the URL of the original article or of the point of entry to that web page or to the publication’s web page without prior need as agreed in advance in writing with the web site administrator.

1.3

LEGAL-MALTA may make available certain Content Licence Agreements for the commercial re-use, translation and/or re-publishing in printed or electronic form of design and content from its web site and pages. Only a holder of a current Content Licence agreement who satisfies all requirements of that Licence agreement may re-use, translate or re-publish in any form or medium design or content which originates on a web site or web page owned or managed by LEGAL-MALTA for commercial purposes.

1.4

LEGAL-MALTA incorporates electronic “watermarking” into published material. Web crawlers are employed to locate watermarked material and to provide legal proof of its re-use. If the simple conditions above are not met, LEGAL-MALTA reserves the right to pursue any infringement in the Courts of the Republic of Malta or of the country where LEGAL-MALTA suffers damage or you are likely to derive benefit, at the discretion of LEGAL-MALTA.

2

Trade marks and Trade names

2.1

All goodwill associated with the use of the Inter-lawyer and/or Lex e-Scripta trade marks or names, including logos, titles and headings, style, format and graphical images, shall be solely to the benefit of LEGAL-MALTA and you shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation thereof. All other trade marks, brand names, products and company names all over which are cited on this web site are the trade marks and/or property of their respective owners.

2.2

If you are unsure of the legality of your re-use of material published on web sites owned or managed by LEGAL-MALTA you should contact the webmaster on info @legal-malta.com.

2.3

Hyperlinks

a)

Our hyperlinks:

The web site may include links to third party web sites. Such hyperlinks are included to ease the user’s path through the Internet. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the web site referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a web site page whose contents or use have been changed by its owner. LEGAL-MALTA has no control over, and can therefore accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party web sites, or the content of such third party web sites.

b)

Your Hyperlinks:

Permission to Link to Home Page and Prohibition of Framing

You may provide hyperlinks to the web site and pages owned and/or managed by LEGAL-MALTA without the prior written consent from LEGAL-MALTA. Such hyperlinks may only direct users to the home page of the relevant web site, and must display the relevant page in the same form as this web site, without amendment or framing.

3

General Provisions

3.1

No waiver by LEGAL-MALTA of any breach of any obligation arising under this agreement shall constitute a waiver of any other breach and no failure to exercise or partial exercise by LEGAL-MALTA of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

3.2

If any provision of this agreement is held by a court of competent jurisdiction to be invalid unlawful or unenforceable for any reason then such part will be severed from the remainder of this agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.

This agreement constitutes the entire agreement between LEGAL-MALTA and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.

4

Members’ and Users’ Responsibilities

4.1

You may not transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable material or information of any kind including but not limited to transmission constituting or encouraging conduct which would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law.

4.2

You may not transmit any information, software, email or attachment which contains in full or in part any Virus, Worm, Trojan Horse or other harmful component.

4.3

You may not restrict or inhibit use of the web site by any other individual or organisation.

4.4

You may not post, publish, transmit, distribute or otherwise exploit any software, information or material obtained through the web site of LEGAL-MALTA other than for the purposes expressly permitted.

4.5

All individual articles, reports and other elements making up the web site may be copyright works or protected by database rights. You agree to abide by all additional copyright and database right notices or restrictions contained on the web site.

4.6

You agree to notify LEGAL-MALTA in writing promptly upon becoming aware of any unauthorised access to or use of the web site by any party.

4.7

Other than the licences granted to you under this agreement, you may not copy, reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate or in any other way exploit any part of the web site and/or the web site’s material.

4.8

The web site and all the information contained therein may not be used to construct a database of any kind nor may the web site be stored in its entirety or in any part in databases for access by you or any third party or to distribute any database web sites containing all or part of the web site.

4.9

You agree to indemnify, defend and hold harmless LEGAL-MALTA from and against any claims, actions, demands or other proceedings brought against LEGAL-MALTA by a third party to the extent that such claim, suit, action or other proceedings is based on or arises in connection with your use of the web site and any breach by you of this agreement. This section survives termination of this agreement for any such reason or any other reason whatsoever.

4.10

You accept that LEGAL-MALTA has the right to change the material, or information of any aspect of the web site at any time at its sole discretion. You further accept that such changes result in your being unable to access the web site. LEGAL-MALTA may have to suspend the web site from time to time to carry out maintenance and to make upgrades.

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