4.3 According to the Personal Data Act (1998:204), Projectplace must obtain the consent of the registered persons (i.e. the User) to the processing of the relevant personal data by Projectplace.
4.4 According to the Electronic Communications Act (2003:389), Projectplace must obtain the consent of the registered persons (i.e. the User) to the purpose of storage and retrieval of information on the registered persons’ end terminal equipment.
4.5 By accepting this agreement, the User explicitly consents to (a) the collection and processing by Projectplace of personal data as described above, (b) the storage of such data until the user account is terminated by the User, and (c) the storage and retrieval of information on the User’s end terminal equipment as described above.
4.6 Projectplace shall adopt reasonable measures to protect the privacy of the User. Projectplace’s information gathering and dissemination practices are set forth in the Privacy Statement applicable from time to time, which is available on the Web Site.
5 Security, Passwords, etc.
5.1 The User shall ensure that identities, passwords, and equivalent obtained by the User in conjunction with registration are stored and used in a secure manner and cannot be accessed and thereby used by third parties. The User shall be liable for any unauthorised use of the Services. Projectplace shall have no liability for any loss or damage arising from the User’s failure to comply with these requirements.
5.2 Where it is suspected that any unauthorised person has become aware of the user identity and/or password, the User shall immediately inform Projectplace thereof.
5.3 The User shall be liable for losses or damage incurred by Projectplace where the User intentionally or negligently reveals the user identity/password to a third party. The User shall furthermore be liable for losses or damage incurred by Projectplace where the user identity and password otherwise become known to an unauthorised party, unless the User notifies Projectplace immediately upon suspicion that such has occurred.
5.4 Projectplace shall adopt reasonable measures to ensure that the security of the Services meet relevant industry standards. Projectplace’s security measures are set forth in the Security Policy as applicable from time to time, which is available on the Web Site.
6.1 Projectplace shall hold title to any and all intellectual property rights and technical solutions to the Services or, in the alternative, shall possess a sole right to use the same. Such intellectual property rights and technical solutions may only be used by the User in the manner stated in this agreement. Under no circumstances shall the User or a third party acquire any intellectual property rights to the Services or to the software or technical solutions used in the Services or to any trade mark or any other business mark belonging to or used by Projectplace. Access to the Services is licensed, not sold.
In the event of an agreed case study or similar between Customer and Projectplace, all intellectual property rights to material produced, including but not limited to photos, quotes, interviews, videos, testimonials, under such work will belong to Projectplace and may at its sole discretion be used by Projectplace in the marketing of its services.
6.2 All Content uploaded to, transferred through, publicly posted, processed or entered into the Services by the Customer and/or Users shall remain the sole property of the Customer or its respective legal owner. Projectplace shall have no liability for such Content.
6.3 The User may not in any way modify, decompile, disassemble or reverse engineer the Services except as permitted by law.
7 Confidentiality, etc.
7.1 Projectplace undertakes not to disclose to any third party, or otherwise make available, information received by Projectplace from the User within the scope of this agreement. “Third party” in this section shall not mean (i) the Users who have access to the same Workspace, unless the Users’ authorisation and access to the Workspace is specifically restricted by the User or (ii) a third party supplier according to 4.2 above.
9 Term and Termination, etc.
10 Access Restrictions, Premature Termination
10.1 Projectplace shall be entitled, with immediate effect, to disable the User’s access to a Workspace or to the Services or to prematurely terminate this agreement where: (a) the User uses the Services in a manner that entails the perpetration of a crime; (b) the User uses the Services in a manner that occasions losses or the risk of loss for Projectplace or any third party; (c) the User uses the Services in a manner that violates Projectplace’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of Content violates governing law; (e) the User uses the Services in a manner whereby the User utilises resources or seeks unauthorised access to Projectplace’s systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.
12 General Provisions
13 Governing Law, Export Control and Disputes
13.2 The User shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Services. Without limiting the foregoing, (i) the User represents that it is not named on any U.S. government list of persons prohibited from receiving exports, and (ii) that the Service may not be exported or re-exported into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, North Korea, Sudan, and Syria).
13.3 Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.
The seat of arbitration shall be Stockholm.
The language to be used in the arbitral proceedings shall be English.
Version 2.0 March, 2015.