Terms

Introduction

These terms and conditions govern your use of ELMA (hereinafter the database); by using this database, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this database. This database uses cookies. By using this database and agreeing to these terms and conditions, you consent to the database's use of cookies in accordance with the terms of fsrisk.org's privacy policy / cookies policy.

License to use the database

Unless otherwise stated, fsrisk.org and/or its licensors own the intellectual property rights in the database and material on the database. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the database for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

- be under 16 years old;
- republish material from the database (including republication on another website);
- sell, rent or sub-license material from the database;
- show any material from the database in public;
- reproduce, duplicate, copy or otherwise exploit material on this database for a commercial purpose;
- redistribute material from this database (except for content specifically and expressly made available for redistribution).

Acceptable use

You must not use this database in any way that causes, or may cause, damage to the database or impairment of the availability or accessibility of the database; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this database to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this database without registration.

You must not use this database to transmit or send unsolicited commercial communications.

You must not use this database for any purposes related to marketing without fsrisk.org express written consent.

Restricted access

Access to certain areas of this database is restricted. fsrisk.org reserves the right to restrict access to certain areas of this database, or indeed this entire database, at fsrisk.org discretion. fsrisk.org provides you with a user ID and password to enable you to access restricted areas of this database or other content or services, you must ensure that the user ID and password are kept confidential. fsrisk.org may disable your user ID and password in fsrisk.org sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this database, for whatever purpose. You grant to fsrisk.org a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to fsrisk.org the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or fsrisk.org or a third party (in each case under any applicable law). You must not submit any user content to the database that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. fsrisk.org reserves the right to edit or remove any material submitted to this database, or stored on fsrisk.org servers, or hosted or published upon this database. Notwithstanding fsrisk.org rights under these terms and conditions in relation to user content, fsrisk.org does not undertake to monitor the submission of such content to, or the publication of such content on, this database.

No warranties

This database is provided “as is” without any representations or warranties, express or implied. fsrisk.org makes no representations or warranties in relation to this database or the information and materials provided in this database.

Without prejudice to the generality of the foregoing paragraph, fsrisk.org does not warrant that:

- this database will be constantly available, or available at all; or
- the information on this database is complete, true, accurate or non-misleading.

Nothing in this database constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of liability

fsrisk.org will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this database:

- to the extent that the database is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if fsrisk.org has been expressly advised of the potential loss.

Exceptions

Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit fsrisk.org' s liability in respect of any:

- fraud or fraudulent misrepresentation on the part of fsrisk.org; or
- matter which it would be illegal or unlawful for fsrisk.org to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this database, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use this database.

Other parties

You accept that, fsrisk.org has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against fsrisk.org's officers or employees in respect of any losses you suffer in connection with the database. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect fsrisk.org's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as fsrisk.org.

Unenforceable provisions

If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.

Indemnity

You hereby indemnify fsrisk.org undertakes to keep fsrisk.org indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by fsrisk.org to a third party in settlement of a claim or dispute on the advice of fsrisk.org legal advisers) incurred or suffered by fsrisk.org arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to fsrisk.org other rights under these terms and conditions, if you breach these terms and conditions in any way, fsrisk.org may take such action as fsrisk.org deems appropriate to deal with the breach, including suspending your access to the database, prohibiting you from accessing the database, blocking computers using your IP address from accessing the database, contacting your internet service provider to request that they block your access to the database and/or bringing court proceedings against you.

Variation

fsrisk.org may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this database from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

fsrisk.org may transfer, sub-contract or otherwise deal with fsrisk.org rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Privacy, constitute the entire agreement between you and fsrisk.org in relation to your use of its database, and supersede all previous agreements in respect of your use of its database.