1. Introduction 
    1. Who we are
      1. We are Atomium-EISMD (“we”, “us” and “our”), an international non-profit organization (Association Internationale Sans But Lucratif -AISBL) under the law of Belgium, registration number BE0881395943. 
    2. What we do
      1. We convene leading European universities, media, global businesses,policy-makers and governments to develop innovative initiatives. These initiatives include but are not limited to conferences, such as “Post-COVID Summit” and “AI4People” (each, a “Conference”). 
    3. This Agreement (the “Agreement“) applies to:
      1. the website at www.post-covid-summit.com and its subdomains (the “Website“) and your use of the Website;
      2. all services, facilities and functionality that are made available or delivered via the Website, including but not limited to software as a service and hosted software, including Restricted Services (defined in Section 3.3 below) (“Website Services“); and
      3. all content (including but not limited to text, data, video, sound recordings, graphics, photographs, applications, tools and functionality) published on the Website or made available through the Website and/or Website Services (“Materials“).
    4. This Agreement comprises these terms of use, including any documents linked to in these terms of use (together, this “Terms of Use“) and all additional terms that apply specifically to the Website Services (“Additional Terms“) (each as amended from time to time). To the extent of any conflict, the Additional Terms governing particular Website Services shall take priority over the terms of this Terms of Use in respect of such Website Services.
    5. This Agreement is a legally binding contract between you – an individual user of the Website, Website Services and/or Materials – and us.  If you access the Website and/or use the Website Services and/or Materials on behalf of an organization such as a company, partnership or other legal entity (“Organization“), you are also entering this legally binding Agreement on behalf of the Organization and you represent that you have authority to agree this Terms of Use on behalf of the Organization, in which case all references to “you” and “your” in this Terms of Use means both you and the Organization.
    6. Atomium” means Atomium-EISMD, 24 Boulevard Louis Shmidt, 1040 – Brussels, Belgium (hereinafter the “Company”, (“we”, “us” and “our”). Atomium provides the Website, Website Services and Materials to you.
    7. Please read this Agreement carefully.  By accessing the Website and/or by using any Website Services and/or Materials, you are confirming that you have read, understood and agreed to this Agreement. If you do not agree to this Agreement or any part of it, you must not use the Website, Website Services and Materials.     
    8. This Agreement governs the Website, Website Services and Materials.  If you receive other services from Atomium, the terms and conditions governing those services will be contained in the engagement agreement between you and Atomium (“Engagement Agreement“) for such services (“Other Services“).  To the extent of any conflict, this Agreement takes precedence in relation to the Website, the Website Services and Materials, unless the Engagement Agreement expressly overrides this Agreement.
    9. This Agreement does not affect any Engagement Agreement between ATOMIUM and you.
    10. You should print a copy of this Terms of Use, and any updates to it, for future reference.
    11. Privacy Policy
      1. The applicable privacy notice explains the information that Atomium collects about users of the Website, Website Services and Materials, and how Atomium uses that information.
      2. You can read the privacy notice here
          
  2. Information only
    1. Except as otherwise agreed in writing, the Website, Website Services and Materials are provided for informational purposes only, are not intended to constitute professional advice or services and should not be relied on by you.  You should consult with Atomium before making any decision based on the Website, Website Services and/or Materials.  This Section 2.1 is not intended to limit Atomium’s liability for the performance of Other Services.
    2. The Website, Website Services and Materials are only provided for your benefit and may not be relied on by any third party.

  3. Security 
    1. In order to access and use certain parts of the Website, Website Services and/or Materials, you may need to register.
    2. Where registration is required, Atomium may, in its absolute discretion, decide whether or not to accept your registration.
    3. Atomium may allocate to you, or you may be invited to create, usernames, passwords, identification codes, tokens or other identifiers as part of the security processes that apply to the Website, Website Services and/or Materials (“Login Credentials“) and you may need to enter your Login Credentials each time you wish to access or use any part of the Website, Website Services and/or Materials that are restricted to registered users only (“Restricted Services“). You shall:
      1. keep your Login Credentials confidential;
      2. not disclose your Login Credentials to any other person; 
      3. not permit any other personnel of the Organization or any third party to use the Login Credentials to access the Restricted Services;
      4. use adequate security procedures to ensure the security of your Login Credentials to prevent unauthorized access to or unauthorized use of the Restricted Services; and
      5. promptly notify us if you become aware of, or have reasonable grounds to suspect, the loss, theft or disclosure to any third party or unauthorized use of your Login Credentials or any other breach of security in relation to your account or the Restricted Services.
    4. You assume full responsibility for any and all use, unauthorized use and/or misuse of the Restricted Services by any person using your Login Credentials.
    5. If Atomium suspects that unauthorized persons are using your Login Credentials with or without your knowledge, Atomium may, with or without prior notice, suspend your access to and use of the Restricted Services.
    6. You acknowledge that the Internet is not secure and messages to and from Atomium may be observed by a third party while in transit. You understand that Atomium accepts no responsibility for security of information on or transmitted via the Internet.
    7. Atomium will not be liable for any loss, damage or other liability arising from your failure to comply with this Section 3.

  4. Intellectual property 
    1. We are the owner or licensee of all intellectual property rights in the Website. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us. We reserve all rights not expressly granted in and to the Website and the content on the Website. You agree not copy, publish, republish, redistribute, archive, store, adapt, alter, modify, translate, create derivative works from, summarise, photocopy, scan, syndicate, sell, license, frame, harvest, scrape, grant or purport to grant any rights in or otherwise make available any content from the Website. 
    2. “Post-COVID Summit” is a trademark belonging to us. No licence or consent is granted to you to use these trademarks in any way and you agree not to use these trademarks without our prior written permission.

  5. Your use of the Website and Services 
    1. Subject to your compliance with all terms of the Agreement, Atomium grants you a non-exclusive, non-transferable, revocable license to access the Website, copy Materials strictly in accordance with Section 5.2 and use the Website Services solely:
      1. for your internal business purposes, the internal business purposes of the Organization on whose behalf you are accessing the Website, Materials, and/or Website Services, or the internal business purposes of the Atomium client who has provided you access to the Website, Materials, and/or Website Services in accordance with this Agreement; and/or 
      2. for the purpose of your or the relevant Atomium client’s receipt of Services from Atomium under any Engagement Agreement with Atomium, (“Permitted Business Purposes“).
    2. You may download and make a reasonable number of copies of any Atomium Material solely for Permitted Business Purposes, provided that:
      1. you do not remove or obscure any copyright or other proprietary notices on Materials or on any copies or downloads made by you;
      2. you ensure that all copies of Materials (or copies of extracts of Materials) that you make include in a prominent place any copyright and other proprietary notices displayed on the Materials on the Website or on any download of those Atomium Materials.
    3. You may not use, sub-license or exploit the Website, the Website Services or any Material for any purpose except for Permitted Business Purposes.
    4. You shall not: 
      1. use the Website, Website Services, or Materials or access to them for any fraudulent or unlawful purpose or to impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with any person or entity;
      2. interfere with or disrupt the operation of the Website, Website Services or Materials or access to them; 
      3. transmit or otherwise make available in connection with the Website, Website Services or Materials or access to them any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; 
      4. restrict or inhibit the ability of any other person to access or use the Website, Website Services or Materials; 
      5. modify, adapt, translate or create derivative works of any portion of the Website, Website Services or Materials; 
      6. remove, obscure or modify any copyright, trademark, or other proprietary rights notice from the Website, Website Services or Materials; 
      7. use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather data from the Website or reproduce the Website or circumvent the navigational structure or presentation of the Website, except that search engines that are publicly available on the internet may copy materials from the Website solely for the purpose of creating publicly available searchable indices of the Materials (but not caches or archives).  Atomium reserves the right to revoke this right in respect of any search engine at any time; 
      8. attempt to circumvent any security features or access control features on the Website or in relation to the Website Services or Materials; 
      9. use the Website or Website Services to send unsolicited email or unsolicited instant messages or for file-sharing purposes; 
      10. decompile or reverse engineer or otherwise attempt to derive source code for any application forming part of the Website, Website Services and/or Materials except to the extent that applicable law allows you to do so without Atomium’s consent, and then only for the limited purpose, and to the extent, allowed by applicable law and provided that you do not disclose or communicate such source code to any other person; or 
      11. frame, link or deep-link the Website to any other website. 
    5. You may not provide access to the Website, Website Services or Materials to any third party, unless you are expressly permitted to do so by Atomium in writing. You are responsible for all acts and omissions (including but not limited to any breach of this Agreement) of any third party to whom you provide access as if they were your own acts or omissions. You may not systematically provide access to any content, information or data obtained through the Website or Website Services to any third party.
    6. You may not, and shall not permit any third parties to, directly or indirectly, export, reexport, or release the Website, Website Services or Materials to any jurisdiction or country to which, or any party to whom, the export, reexport, or release is prohibited by any US, EU or other law, regulation, or rule. 

  6. Your content 
    1. Atomium may provide functionality on the Website or through the Website Services that allows you to post or upload content and/or materials onto the Website and to transmit content or materials by means of the Website and/or the Website Services (“Your Content“). 
    2. You grant to Atomium, to the maximum extent permissible under applicable law, a perpetual, irrevocable, non-exclusive, fully-paid up, royalty-free, worldwide, sub-licensable, transferable right to use, copy, publish, distribute, modify, and exploit Your Content for any purpose (including without limitation for the purpose of Atomium and its licensees and assigns deriving revenue therefrom) and including without limitation the right to authorize third parties to exercise any or all of such rights. Atomium shall not: (a) publish Your Content in a way that identifies you without your permission; or (b) process your personal data in breach of the applicable privacy notice.
    3. You warrant that you have obtained all necessary rights, licenses, permissions and that you have full authority to grant the license set out in Section 6.2. 
    4. You shall not upload post, otherwise transmit or provide access through the Website to content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. 
    5. Atomium reserves the right to remove, disable access to or edit Your Content without notice if Atomium reasonably believes that Your Content may infringe the intellectual property or other rights of any person or does not comply with Section 6.4. 
    6. You will indemnify and hold harmless Atomium on a continuing basis against all claims, legal proceedings, losses, damages, costs (including but not limited to legal costs on a full indemnity basis), expenses penalties and fines that any of them suffer or incur as a result of:
      1. any claim or claims by any third party that use of Your Content in accordance with Section 6.2 infringes the intellectual property rights or any other rights of any person; and/or constitutes a breach of confidence; and
      2. any breach by you of Section 6.4. 

  7. Links to third party sites and content 
    1. From time to time, the Website and Website Services may include links or access to third party websites or services. Such links and access are provided for your convenience only and do not signify that Atomium endorses such third-party websites or services. Atomium does not review such third-party websites or services.  Accordingly, you acknowledge and agree that:
      1. Atomium is not responsible for such websites or services, including but not limited to the terms on which they are made available and their privacy policies, and Atomium does not control or have any responsibility for their content, functionality or availability;
      2. Atomium makes no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites or services; and
      3. if you access any such websites or services, you do so entirely at your own risk.
    2. If the Website or Website Services permit users to submit questions, comments, suggestions and the like for use by other users of the Website and/or Website Services, Atomium assumes no responsibility for the content or accuracy of any such submissions, nor for any recommendations or opinions that may be expressed therein, nor for the suitability or applicability to a particular user of any such submissions.

  8. Changes to Terms of Use and Services 
    1. Atomium may amend this Terms of Use at any time. Atomium will publish amendments to this Terms of Use on the Website. You agree to check regularly and frequently for changes to this Terms of Use.  
    2. If Atomium amends this Terms of Use, the amendments will take effect from the date on which the amendments are published on the Website. The date on which this Terms of Use was last updated or amended is shown at the top of this Terms of Use. By continuing to access or use the Website, Website Services or Materials after the date on which the amended Terms of Use are published, you are confirming your acceptance of the amended Terms of Use. If you do not agree to the amended Terms of Use, you must immediately stop using the Website and all Website Services and Materials. 
    3. Atomium may make changes to the Website and/or Website Services for any reason at any time without providing notice to you. If Atomium changes any part of the Website or Website Services for which you have an active paid-for subscription and such change unreasonably removes material functionality of the paid-for Website Services you may, within 30 days of such change, terminate your subscription to such eliminated functionality by written notice to Atomium and you shall be entitled to a refund of any fees that you have pre-paid for such eliminated functionality in respect of the period after termination. Such termination and refund are your sole remedy, and Atomium’s sole liability, for any changes to the provision of the Materials or changes to the Website or Website Services. 

  9. Disclaimers of liability 
    1. Nothing in this Agreement is intended to exclude or limit any liability that by applicable law or applicable professional regulations cannot be excluded or limited. 
    2. Except as provided in the Additional Terms, the Website, Website Services and Materials are provided on an “AS IS” and “AS AVAILABLE“. 
    3. It is your responsibility to ensure that the Website, Website Services and Materials are suitable for your intended purposes.
    4. Atomium gives no warranties, assurances or guarantees:
      1. that access to the Website, Website Services or Materials will be uninterrupted, error-free or compatible with your hardware or software; 
      2. that the Website, Website Services, the Materials or the servers from which any of them are made available are free of viruses or other harmful components. You are responsible for implementing appropriate processes, systems and procedures to protect yourself and your Organization from this type of issue; or 
      3. as to the quality, fitness for any particular purpose, availability, performance, functionality, reliability, accuracy, timeliness or completeness of the Website, the Website Services and/or the Materials.
    5. Except as expressly set out in this Agreement, all warranties (including but not limited to implied warranties of merchantability and fitness for a particular purpose or use), terms, conditions and undertakings, whether express or implied by common law, statute, course of dealing or otherwise in relation to the Website, Website Services and Materials are excluded to the fullest extent permitted by law.
    6. You acknowledge and agree that the operation of the Website and the provision of the Website Services and Materials is dependent upon the proper and effective functioning of the internet and other third-party equipment and services, and that Atomium does not guarantee and will not be liable for these in any way.
    7. Without prejudice to any other exclusions or limitations of liability Atomium will not be liable to you in contract, tort (including but not limited to negligence), under statute or otherwise for any loss or damage arising under or in connection with:
      1. your use of or inability to use the Website, Website Services or Materials; and/or
      2. any decision or action taken in reliance on the Website, the Website Services and/or Materials
    8. Atomium will not be liable to you in contract, tort (including but not limited to negligence), under statute or otherwise for: 
      1. any indirect, consequential, incidental, punitive or special loss or damages; 
      2. any loss of revenue or profit or account of profits; 
      3. loss of data, or loss of use of data, software or systems;
      4. wasted management time; 
      5. loss of business opportunity; 
      6. loss of anticipated savings; or 
      7. damage to goodwill or reputation, arising out of or in connection with the Website, the Website Services, the Materials or this Agreement or any breach or non-performance of it, no matter how fundamental. 
    9. Without prejudice to any exclusions of liability in this Agreement, the combined total liability of Atomium to you in contract, tort (including but not limited to negligence), under statute or otherwise arising out of or in connection with the Website, the Website Services, the Materials and this Agreement, including but not limited to any breach or non-performance of this Agreement, no matter how fundamental, shall not in any calendar year exceed: (a) the fees paid by you to Atomium in that calendar year under this Agreement for the relevant Website Service; or (b) EUR €100 (or equivalent in local currency), whichever is greater. Because some states or jurisdictions do not allow for the exclusion or limitation of certain damages, in such states or jurisdictions, the liability of Atomium shall be limited in accordance with this Agreement (including but not limited to any applicable Additional Terms) to the maximum extent permitted by law.
    10. Atomium does not engage in the practice of law through the Website, and the Website Services do not constitute legal advice; you may not consider any information provided to you through the Website or the Website Services as legal advice or as a substitute for legal advice. Your use of the Website and/or the Website Services does not create any attorney-client relationship between you and Atomium and you are solely responsible for determining whether to seek legal advice from a qualified lawyer.
    11. Atomium does not provide any assurance that its processes associated with the Website, the Website Services and/or the ATOMIUM Materials are sufficient to preserve any accountant-client, attorney-client, work product, or any other applicable privilege or protection that you (whether in your role as a client, as a professional, as a lawyer, or otherwise) or any third person may have or be obligated to maintain, or that may otherwise apply to the questions and information you submit. You are solely responsible for determining whether your use of the Website, the Website Services and/or the Materials could be deemed to waive or impair in any manner any applicable privilege or protection. 

  10. Providing services 
    1. You may not use the Website or Website Services to provide services to third parties without Atomium’s prior written consent, in its sole discretion. We may, in the event we receive such notice, or for any other reason, request that you identify the applicable client, the matter, and any other information as we may need to assess the appropriate relationship between Atomium, you and your client. In certain circumstances, we may request that, in addition to your contractual arrangement with such client, such client enters a direct contractual relationship with Atomium in connection with such services.
    2. If you use the Website and/or Website Services to assist you in formulating your own advice to your clients or customers, you are solely responsible for any and all advice you provide to your clients and customers. You shall not do anything to attribute, directly or indirectly, any such advice or any specific portion of such advice to Atomium. No such client or customer shall be or may be deemed a third-party beneficiary of this Agreement.
    3. If your use of the Website or Website Services is in connection with your provision of services to an Atomium client:
      1. you warrant and represent that your access to the Website and/or Website Services has been authorized by the Atomium client and that you will use the Website and Website Services solely for the benefit of the Atomium client who authorized your access; 
      2. you agree to use the Website and/or Website Services solely for the purpose of transmitting information to Atomium that Atomium needs to perform its services for the Atomium client, and not to provide services directly to the Atomium client via the Website and/or Website Services; 
      3. you agree not to access any part of the Website or Website Services other than the part you are authorized to use; and 
      4. Atomium shall have no liability to you in connection with your use of the Website or Website Services, and Atomium may terminate your access to the Website and/or Website Services, with or without cause, at any time immediately upon notice via e-mail or other notice to the address you provide to us in the registration process.

  11. Draft materials 
    1. You agree that you will not rely on drafts of Atomium reports or documents that are works in progress or working papers, and that Atomium does not owe you a duty of care in relation to your use of such materials. You further acknowledge that the figures, calculations, models and advice contained in any Atomium reports issued in final may differ from those in any draft reports, works in progress and working papers for various reasons such as receipt of updated information, change in scope of the services Atomium is to provide and changed economic factors. Any use of such materials is at your own risk.

  12. Termination 
    1. Atomium may terminate, suspend or restrict your access to all or any part of the Website, the Website Services and/or the Materials:
      1. if you fail to comply with this Agreement or if Atomium has reasonable grounds to suspect that you have failed to comply with this Agreement; or
      2. if Atomium receives a complaint from a third-party concerning mis-use by you of the Website, Website Services and/or Materials. 
    2. If, under this Agreement, you are required to pay a fee or other sum in respect of access to or use of any part of the Website, the Website Services and/or the Materials, Atomium may terminate or suspend such access and use immediately and without further notice to you if: 
      1. you fail to pay when due any sums payable by you under this Terms of Use; or 
      2. you cease or threaten to cease to carry on business, are unable to pay your debts as they fall due, have an administrator, receiver, administrative receiver or manager appointed over the whole or any part of your assets, enter into any agreement with creditors generally, or have an order made or resolution passed for you to be wound up (unless as part of any scheme for solvent amalgamation or solvent reconstruction) or if you are individual, if you cease to carry on business at any time for 14 consecutive days other than for planned holiday, or if you are presented with a statutory demand or a petition for bankruptcy or if bailiff action is taken against your assets or the assets of your business, or if you undergo any similar or equivalent process in any jurisdiction.
    3. If the Additional Terms or any contract with the Organization for the use of the Website, Website Services and/or Materials expires or is terminated, this Terms of Use shall automatically be terminated.
    4. All charges you pay in respect of the Website, Website Services and/or Materials are non-refundable.
    5. Atomium may terminate this Agreement or suspend access to all or part of the Website, the Website Services and/or Materials immediately for any reason at any time, except in respect of any part of the Website, Website Services and/or Materials for which you have an active paid-for subscription. 
    6. Section 9 (Disclaimers of Liability), and any other provisions of this Agreement that by their nature are intended to survive, shall survive termination or expiry of this Agreement, however occurring, including without limitation pursuant to Section 12.3.
  13. Third party rights
    1. Sections 6 and 9 of this Terms of Use, and any other provisions that by their nature may benefit other Atomium personnel, are intended for the benefit of Atomium and Atomium personnel, who shall be entitled to rely upon and enforce those provisions. Otherwise, a person who is not a party to this Terms of Use may not rely upon or enforce any terms of this Agreement and shall have no third-party rights under this Agreement. 
    2. The consent of any person who is not a party is not required to rescind, vary, suspend, enforce or terminate this Terms of Use, or to grant any waiver under or in connection with this Terms of Use.
  14. Other 
    1. Illegality/Severability:  If any provision of this Terms of Use is declared by any competent court or body to be illegal, invalid or unenforceable under the law of any jurisdiction, or if any enactment is passed that renders any provision illegal, invalid or unenforceable under the law of any jurisdiction, it shall be deemed severed from this Agreement to the minimum extent required and this shall not affect or impair the legality, validity or enforceability of the remaining provisions. 
    2. Statutory Rights: Nothing in these Terms affects your statutory rights as a consumer. 
    3. Waiver:  If Atomium fails to insist that you meet your obligations under this Terms of Use or if Atomium does not enforce its rights against you or if Atomium delays in doing so, that will not mean that Atomium has waived its rights against you and it does not mean that you do not have to comply with those obligations. If Atomium does waive a default by you, Atomium will only do so in writing and that will not mean that Atomium will automatically waive any later default by you.  Even if Atomium delays in enforcing its rights under this Terms of Use, Atomium may still enforce its rights later. 
    4. Entire agreement: This Agreement constitutes the entire agreement and understanding between you and Atomium relating to the Website, the Website Services, ATOMIUM Materials and all other subject matter of this Terms of Use.  
    5. No reliance:  You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by Atomium or any other person except as expressly set out in this Agreement, in respect of which your sole remedy shall be for breach of contract.  
    6. Fraud and fraudulent misrepresentation:  Nothing in Sections 14.3 or 14.4 or elsewhere in this Terms of Use shall operate or be construed to exclude or limit any liability of any person for fraud, including but not limited to fraudulent misrepresentation. 
    7. Assignment and subcontracting: Atomium may assign or subcontract its rights and/or obligations under this Agreement to any other person at any time without needing your or any other person’s approval. You may not assign or transfer any of your rights or obligations under this Agreement without Atomium’s prior written consent. 
    8. Governing law:  This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, or in connection with the formation of the contract between Atomium and you that incorporates this Terms of Use (including non-contractual disputes or claims) shall be governed by the laws of Belgium.

© Atomium-EISMD. All Rights Reserved

Website Terms and Conditions of Use updated on 15-07-2020.