1. TERMS AND CONDITIONS OF SERVICE
1.1 FTK e.V. ("we" or "us" or "FTK" or "FTK e.V."), via its online web service Knowledge Management Ecosystem Portal ("Service" or "KM-EP" or "KM-EP portal" or "KM-EP application") https://www.gamecomponents.eu provides services that allow users
a) to process user id, group, contact, credential, and role registration and management, as well as
b) to process document submission, harvesting, digital library curation and management, as well as
c) to process slide/presentations/image/video, submission, harvesting, media archive curation and management, as well as
d) to process software submission, harvesting, software repository curation and knowledge base management, as well as
e) to process taxonomies submission, harvesting, knowledge resource curation and management, as well as
d) to process learning/teaching material production, submission, harvesting, learning repository curation including course and study program management thereof,
WE ASK THAT YOU READ THESE TERMS AND CONDITIONS OF SERVICE (THE "TERMS"), BECAUSE YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
1.2. If you use the Service on behalf of a company, organisation, or other entity, then
a) "you" includes you and that entity, and
b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
1.3. We reserve the right to update the Service at any time at our discretion with or without notice to you. Such updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new modules, or other forms. You agree to receive such updates and permit us to deliver these to you as part of your use of the Service.
1.4. Additional terms may apply to some of our services. For example, if you use our conference registration module, additional terms apply to your use of this module. All of these are referred to below as the "Additional Terms". We will tell you when Additional Terms apply. If there is any contradiction between what the Additional Terms say and what these Terms say, then the Additional Terms shall take precedence in relation to that element of the Service.
2.1. We grant you a non-transferable, non-exclusive, non-sub-licensable, royalty-free worldwide right and licence to use the Service. It does not include the right for you (or any third party) to copy, adapt, modify, resell or repurpose any FTK e.V. product, service, or data or the KM-EP. If you are unclear about whether your use is acceptable under these terms, please contact us. The contact information will be available on the contact page of the KM-EP.
2.2. Your use of the Service does not create a partnership, joint venture or agency relationship or similar relationship between us and you.
2.3. You are expressly prohibited and shall not permit any third party to reproduce, redistribute, duplicate, copy, adapt, decompile, disassemble, modify, sell, trade or resell the Service (including the KM-EP) for any purpose, unless you have been specifically permitted to do so in a separate agreement with FTK e.V..
2.4. No competitors or future competitors of FTK e.V. are permitted access to the Service and FTK e.V. reserves the right to suspend or terminate any account created or used by any person employed by or acting on behalf of any such competitor.
2.5. You must not use the Service to advertise or promote any fictitious conference(s).
3. YOUR USE OF THE SERVICE
3.1. You represent that you are of legal age to form a binding contract and are not prevented from accessing or receiving the Service under any applicable jurisdiction.
3.2. You agree to only use the Service for lawful purposes and as permitted by these Terms.
3.3. You agree not to access, interfere with, damage or disrupt (or attempt to access, interfere with, damage or disrupt) any part of the Service, any equipment or network on which the KM-EP is stored or any software used in the provision of the KM-EP through any technology or means other than through the KM-EP. You specifically agree not to access (or attempt to access) any part of the Service through any automated means, including without limitation scripts, web crawlers, robots, spiders, offline readers, etc.
3.4. You must not use the Service
a) to harm, threaten, stalk or otherwise harass another person or organisation (including without limitation for the purpose of harming or attempting to harm minors in any way),
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, including without limitation
i) to impersonate any person or entity,
ii) to falsely state or otherwise misrepresent your affiliation with a person or entity, or
iii) to hide or attempt to hide your identity, including by creating several accounts under different names,
c) to attempt to compromise the Service integrity or security or decipher any transmissions to or from the servers running the Service,
d) in any way that violates any applicable local, national or international law or regulation,
e) to transmit, or procure the sending of, spam, chain letters, or other unsolicited advertising or promotional material or any other form of similar solicitation,
f) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out in clause 5.10), or
g) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.5. You acknowledge and agree that FTK e.V. may set upper limits on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any Service. Such upper limits may be set by FTK e.V. at any time, at our discretion.
4. REGISTRATION, ACCOUNT AND PASSWORD
4.1 In order to access the Service, you may be required to provide information about yourself, such as identification or contact details (the "Registration Data"), as part of the registration process for the Service, or as part of your continued use of the Service. You agree to
a) provide Registration Data that is true, accurate, current and complete, and
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FTK e.V., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
4.2. You agree and understand that you are fully responsible for all activities that occur under any account you use to access the Service.
4.3. You must keep your account(s) and password(s) confidential and not authorise any third party to access or use the Service on your behalf. You understand that any third party that has access to your account can reset your password, disable your access to the Service, view any content accessible from your account, or post any content, including content that violates these Terms or other laws, regulations or rules. You remain fully liable to and will indemnify and hold harmless FTK e.V. against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any third party's use of your account and password or the Services on your behalf.
4.4. You agree to immediately notify us of any unauthorised use of your password or account, and ensure that you sign out from your account at the end of each session.
4.5. You acknowledge and agree that if FTK e.V. disables access to your account, you may be prevented from accessing the Service, your account details or any Content (as defined below) accessible via the Service.
5.1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, papers, reviews, messages, tags or other materials which you may have access to as part of, or through your use of, the Service ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. FTK e.V. does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. The views expressed by other users of the Service do not represent FTK e.V.'s views or values. If you wish to complain about Content uploaded by other users please contact us using the contact details available on the KM-EP.
5.2. "Your Content" is any content that you provide, create, email, post, submit, input, upload or otherwise make available (hereinafter simply "post") on the Service. You understand that you, and not FTK e.V., are entirely responsible for Your Content.
5.3. By posting Your Content you warrant that you have all the rights necessary for you to post it. You retain all of your ownership rights in Your Content but you hereby grant to FTK e.V. and other users of the KM-EP a limited licence to copy, distribute, make available, store and use Your Content for the purpose for which it has been provided on the terms set out in this section 5.
5.4. You warrant and represent that you have the written consent of each identifiable individual natural person in Your Content to use such person's name or likeness in the manner contemplated by the Service and these Terms.
5.5. FTK e.V. claims no ownership or control over Your Content. Except as expressly stated within these Terms, you or a third party licensor, as appropriate, retain all intellectual property rights in Your Content.
5.6. You acknowledge that FTK e.V. has no obligation to monitor Content and/or Your Content and that Content and/or Your Content is not verified or approved by FTK e.V.. FTK e.V. has the right (but not the obligation) in its sole discretion to refuse, move or remove any Content and/or Your Content that is available via the Service and that violates the Terms or is otherwise objectionable.
5.7. You agree that you are solely responsible for (and that FTK e.V. will take no responsibility and assume no liability to you or to any third party for) Your Content and for the consequences of you posting it.
5.8. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, defamatory, indecent, objectionable or inappropriate for children, and that, in this respect, you use the Service at your own risk, and you agree that FTK e.V. shall not be liable for any damages you allege to incur as a result of such Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. We make no representations, warranties or guarantees, whether express or implied, that the Content on the KM-EP is accurate, complete or up to date. In this regard, you acknowledge that you may not rely on any Content.
5.9. Content may be subject to posted limitations on usage, reproduction or dissemination, and you are responsible for adhering to such limitations if you download the Content. Content uploaded by other users is likely to be confidential, protected by copyright laws and may contain sensitive information. You agree only to use the Content for the purposes for which it has been provided and/or made available to you and not to modify the Content that you download. You must not use any part of the Content for commercial purposes without obtaining the necessary licence to do so from the relevant licensor and must not purport to have any rights in or over the Content that you access other than to the extent expressly permitted by these Terms or the relevant author. If you use any Content that you have access to in breach of these Terms, your right to use the Service will cease immediately.
5.10. You agree not to post Your Content that
a) may constitute or contribute to a crime or tort,
b) contains any information or content that violates third-party rights of any kind or is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable,
c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party,
d) contains unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation,
e) contains files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment,
f) is generated by algorithms or computer programs when it is expected that the content is created by humans, including, but not limited to, submission of an abstract, paper, slides or other presentations, for reviewing or publishing, or
g) contains false, incorrect or fake email addresses or other personal data of yourself or other persons.
5.11. You understand that FTK e.V. may need and by posting Your Content you hereby grant FTK e.V. a worldwide, non-exclusive, royalty-free, transferable, perpetual and irrevocable licence (with the right to sub-licence), to use, modify, adapt, reproduce, distribute, prepare derivative works of, display and/or perform Your Content to the extent FTK e.V. deems necessary to provide the Service, including without limitation metadata removal or watermark addition, and to operate FTK e.V.'s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
5.12. You understand that Content presented to you as part of the Service may be protected by intellectual property rights which may be owned by FTK e.V. or by other users from whom such Content originated. You may not modify, adapt, rent, lease, loan, sell, reproduce, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of the Content in a separate agreement.
5.13. You are responsible for ensuring that you back up any Content that you have access to on the Service to the extent that it is lawful for you to do so. We may permanently delete any Content and/or Your Content from our servers from time to time without notice. We can suspend or cancel your access to the Service or parts thereof and have no obligation to return Content and/or Your Content to you after the access is suspended or cancelled. Content and/or Your Content may be stored with an expiration date, FTK e.V. may delete such Content and/or Your Content as of that date. Content and/or Your Content that is deleted may be irretrievable.
5.14. Your Content may be available to other users of the Service. The set of users who have access to Your Content may depend on the Service, may or may not be known to you, and may change at any time. By posting Your Content you agree that anyone who may have access to Your Content in connection with the Service has free, non-exclusive permission to access and use Your Content solely in connection with the Service in accordance with these Terms. Once you have posted Your Content on the KM-EP you cannot request that it is deleted or withdraw your consent for it to be used in accordance with these Terms (unless we expressly agree otherwise).
5.16. When you submit Your Content to a conference or any other event using the Service, you grant organisers of that conference or event a worldwide, non-exclusive, royalty-free, transferable perpetual and irrevocable licence (with right to sub-licence) to use, reproduce, distribute and publish Your Content metadata (and derivative works thereof) in connection with the conference in accordance with these Terms, including in the list of accepted papers and/or the conference program. The metadata includes any or all of the author names and affiliations, title and abstract, presentation information (date, time, session and place) and speaker or presenter name.
5.17. You will remain fully liable and will indemnify and hold harmless FTK e.V. against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your failure to comply with this section 5 and/or your unauthorised use of the Content and/or Your Content.
6. USE OF PERSONAL INFORMATION
6.1. The following definitions apply in this section 6:
"Agreed Purpose" means the performance by users of their obligations in respect of the Service and/or under these Terms, and the promotion of the products or services that form the subject of the Service and/or these Terms.
"data controller, data processor, personal data, processing and appropriate technical and organisational measures" have the meanings set out in the Data Protection Legislation in force at the time.
"Data Protection Legislation" means the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
"Permitted Recipients" means you, your employees and/or any third parties engaged to perform obligations in connection with the Service or conference to which the Content relates.
"Sensitive Personal Information" means
a) any data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership,
b) genetic data, biometric data for the purpose of uniquely identifying a natural person,
c) data concerning health or medical information (other than food allergies or medical contact information),
d) data concerning a natural person's sex life or sexual orientation,
e) national insurance, social security numbers, or similar ids or numbers used in various countries,
f) passport numbers or other government issued ID numbers,
g) date of birth,
h) age and/or gender,
i) financial account information (other than payment information processed securely via FTK e.V.),
j) other data which can be reasonably recognised as being highly sensitive
"UK Data Protection Legislation" means any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation.
6.2. You acknowledge that FTK e.V. will not disclose any personal data to you in your use of the Service and that FTK e.V. is not a data controller in respect of any data that you provide or make available to other users of the KM-EP.
6.3. As part of the Service, you may have access to personal data provided or made available by other users. You understand and agree that you should handle such personal data in compliance with applicable obligations under the Data Protection Legislation and any other regulations applicable in relevant jurisdictions. FTK e.V. is not responsible for ensuring that users comply with Data Protection Legislation. You also acknowledge that, given the nature of the Service, any personal data that you provide or make available to other users is likely to be transferred outside of the European Economic Area.
6.4. Any material breach of the Data Protection Legislation or such other regulations by you shall be grounds for FTK e.V. to suspend or terminate your use of the Service with immediate effect.
6.5. You acknowledge that you may be a data processor and/or a data controller in respect of any personal data that you provide or make available to, or receive from, other users of the Service. You agree to
a) process personal data accessed and/or provided to you through the KM-EP only for the Agreed Purposes,
b) not disclose or allow access to such personal data to anyone other than the Permitted Recipients, and
c) ensure that you have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
6.6. You acknowledge and agree that you will not unnecessarily request Sensitive Personal Information from other users and inform FTK e.V. if you are going to request or collect such information.
6.7. You acknowledge and agree that FTK e.V. can monitor requests to provide Sensitive Personal Information and require you to remove such requests.
6.8. You acknowledge and agree that processing, storing and transmitting Sensitive Personal Information is unnecessary for use of the Service and that you shall be solely responsible for any such use, and therefore FTK e.V. shall not be liable for the same.
6.9. You shall indemnify FTK e.V. against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by FTK e.V. arising out of or in connection with the breach of the Data Protection Legislation by you, your employees or agents.
7. UNSOLICITED EMAIL (SPAM)
7.1. All email messages sent by you from FTK e.V., including invitations to program committee and review requests, must only target the relevant recipients who are reasonably likely to agree to receiving your invitation.
7.2. All bulk emails sent by you or on your behalf not using FTK e.V. but in connection with the Service, for example, calls for papers for conferences or journals hosted by FTK e.V., must contain an "unsubscribe" link that allows subscribers to remove themselves from your email messages. You will actively manage and process unsubscribe requests and update your email lists to reflect such requests. Any messages sent in connection with using the Services must contain clear and conspicuous notice that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial email from you. It also must include your identity as the sender, valid physical postal address and comply in all other respects with applicable law. You will not send commercial email messages using domains by proxy or any equivalent ownership masking service.
7.3. You must not send any promotional emails to FTK e.V. email addresses or include FTK e.V. email addresses to your address book in a manner that they become a target of emails by web services, such as social networks.
7.4. You acknowledge and agree that if you violate any provision of this section 7, we may immediately suspend or terminate your access to the Service or KM-EP. FTK e.V. reserves the right to decide, in its sole discretion, whether you violate any such provision based on received emails, complaints, information we receive from email service providers, and any similar information.
8. PRIVACY AND YOUR PERSONAL INFORMATION
8.1. We shall take all reasonable care to ensure that we comply with our obligations under GDPR.
8.3. You agree to the use of your data in accordance with our privacy policies (copies of which are available on the KM-EP).
8.4. In order to operate and provide the Service, we collect certain information about you. As part of the Service, we may also automatically upload information about your computer, your use of the Service, and Service performance. You acknowledge, consent and agree that KM-EP may in its sole discretion access, preserve and disclose any such information and/or Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
a) comply with legal process
b) enforce these Terms
c) respond to claims that any Content violates the rights of third parties
d) protect against imminent harm to the rights, property or safety of KM-EP, its users or the public as required or permitted by law
e) maintain security and integrity of the Service
9. OTHER PROVISIONS
9.1. Free Services. FTK e.V. allows you to access through the KM-EP a number of services for free at its sole discretion, including Smart CFP, publishing services and conference management with free licenses. In the event that you violate any of these Terms, FTK e.V. reserves the right to refuse providing you with access to such services for free and to charge your use of such services at FTK e.V.'s then current rates.
9.2. Intellectual Property Rights. FTK e.V. is the owner or the licensee of all intellectual property rights in the KM-EP. Except as expressly permitted by section 5, you must not use any content from the KM-EP (including without limitation any logos or any images from the KM-EP) without express permission from FTK e.V..
9.3. Verifiable information. All information which you post about the Service or any conference relevant to the Service, including any web pages, emails and other media used by you, posters, calls for papers, must comply with the verifiable information principle, meaning that all such information must be correct and verifiable. This includes without limitation
a) all persons mentioned. For example, if your web page lists the conference scientific committee, then either it should include links to the web pages of committee members or you should be able to provide, upon request, evidence that a particular committee member agreed to be on the relevant committee,
b) all organisations, for example sponsors. Your association with these organisations should be verifiable upon request,
c) all third-party logos used. You should have obtained permission to use these logos and be able to justify that you have such permission.
9.4. You understand and acknowledge that FTK e.V. has exclusive rights to provide professional technical support and help on the use of the Service.
9.5. You acknowledge that, except as expressly stated otherwise in these Terms, FTK e.V. or its licensors retain all copyright, trademark, trade secret, patent and other intellectual property rights to the Service and any or all modifications to the Service.
10. NO WARRANTY
10.1. We provide the Service using commercially reasonable efforts. However, the Service is provided "as is" without warranty of any kind. You expressly understand and agree that your use the Service is at your own risk. FTK e.V. specifically disclaims, to the maximum extent permitted by law, any express or implied warranties including without limitation as to merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, the absence of defects or errors, that any defects or errors will be corrected, or that the Service is free of viruses or any other harmful components.
10.2. We cannot guarantee the accuracy, reliability or timeliness of information available from the Service. Any content downloaded or otherwise obtained through the Service is downloaded at your own risk and we are not responsible for any damage to your computer system or loss of data that results from such download.
11. LIMITATION OF LIABILITY
11.1. Nothing in these Terms shall exclude or limit FTK e.V.'s liability for losses which may not be lawfully excluded or limited by applicable law (including without limitation death or personal injury caused by its negligence or fraud or fraudulent misrepresentation).
11.2. Subject to overall provision in clause 11.1 above, FTK e.V. shall not be liable to you for any direct, indirect, punitive, consequential or exemplary damages, including without limitation any loss of profit, loss of goodwill or business reputation, or loss of data or any damage, loss or injury resulting from
a) any reliance placed by you on the accuracy, completeness, or usefulness of any content accessed via the Service,
b) any permanent or temporary cessation, delays or failures in the provision of the Service or any part thereof,
c) hacking, tampering or other unauthorised access of your account or the information contained therein,
d) your or any third party use of Content,
e) content on third-party web sites, third-party programs, or third-party conduct accessed via the Service,
f) viruses or other disabling features that affect your access to or use of the Service or may be transmitted to or through the Service by any third party,
g) incompatibility between the Service and other services, software, or hardware,
h) your failure to provide accurate Registration Data or other information required by the Service,
i) your failure to keep your password or account details secure and confidential,
j) any changes which FTK e.V.'s may make to the Service,
k) the deletion of, corruption of, or failure to store, any Content or other data maintained or transmitted by or through your use of the Service,
l) unauthorised access to or alteration in your transmissions of data,
m) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, tort (including negligence or breach of statutory duty) or negligent misrepresentation,
n) any reliance placed by you on the completeness, accuracy or existence of any Content or advertising that appears on the Service,
o) any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service, or
p) your failure to comply with these Terms.
11.3. The limitations on FTK e.V.'s liability to you in clause 11.2 above shall apply whether or not FTK e.V. has been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify and hold harmless FTK e.V. and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
(a) Your Content,
(b) your use of the Service,
(c) your violation of these Terms,
(d) your violation of any third-party rights, or
(e) your violation of any applicable law, rule or regulation.
13.1. You agree that FTK e.V. may, under certain circumstances and without prior notice, immediately terminate your account, any associated email addresses, and access to the Service. Cause for such termination shall include without limitation
a) breaches, violations or purported breaches or violations of these Terms or any Additional Terms,
b) requests by law enforcement or other government agencies,
c) discontinuance or modification to the Service (or any part thereof),
d) unexpected technical or security issues or problems,
e) extended periods of inactivity,
f) you bringing the reputation of FTK e.V. into disrepute or doing anything likely to cause harm to FTK e.V.'s reputation,
g) non-payment of any fees owed by you in connection with the Service,
h) a request by you.
13.2. If you want to terminate your legal agreement with FTK e.V., subject to clause 13.4, you may do so by closing your accounts for all of the services which you use. You can stop using the Service at any time but your account will not be closed unless you ask FTK e.V. to close it and clause 13.4 does not apply.
13.3. FTK e.V. shall not be liable to you or any third party for any termination of your account, any associated email addresses, or access to the Service.
13.4. If your account is involved in any ongoing activity where communication between you and other users of the Service may be required, we reserve a right not to allow you to close your account. Such ongoing activities include, without limitation
a) submission to, or registration or reviewing for a conference having a non-expired license, or
b) unpaid fees.
14. GENERAL LEGAL TERMS
14.1. These Terms constitute the entire contract between you and us regarding the Service. It supersedes and extinguishes any prior contract, warranties, representations, understandings or other oral or written statements regarding your use of the Service.
14.2. You acknowledge that in using the Services you do not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
14.3. All parts of these Terms apply to the maximum extent permitted by relevant law. If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 14.2 shall not affect the validity and enforceability of the rest of the Terms.
14.4. You agree that regardless of any statute or law to the contrary, to the extent permitted by law, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within six months after such claim or cause of action arose or be forever barred.
14.5. These Terms and the relationship between you and FTK e.V. and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. In relation to any legal action or proceedings arising out of or in connection with this Terms ("Proceedings"), each of the parties irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that Proceedings have been brought in an inappropriate forum.
14.6. Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
14.7. FTK e.V. shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
14.8. A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by FTK e.V. to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.