[version 1.0, 24 May 2024]
These are the Openli Community Premium Membership Terms applicable to your Community premium membership with Openli.
Openli Community is for in-house lawyers and privacy people and is a go-to place for events with leading experts and GCs, in-depth articles, a mentoring program, private Slack channel, a podcast, and much more - all free of charge.
We’d love to see Community members sharing their legal know-how, learning from each other and building their professional network.
The Openli Community has both free and paid offerings.
These Openli Community Premium Membership Terms (“Premium Community Terms”) are the terms that apply to your Premium membership and sign up to Openli Community’s Premium Membership and constitute an Agreement between you and Openli.
When signing up for the Openli Community Premium Membership, you are hereby agreeing to these Premium Community Terms.
The Community Terms apply to the free offerings and these terms will still be applicable to your use of the free offerings and use of free services. In case of conflicts between these sets of terms, these Premium Community Terms will apply.
"Openli", "we ","us " or "our " means Openli ApS, DK-39587408, Prags Boulevard 49E, 3rd floor, DK-2300 Copenhagen S, Denmark.
“Openli Community” means the legal community accessible at https://openli.com/community.
"Community Terms” means the Openli Community Terms and all materials referred or linked to our free Community: https://openli.com/legal/community-terms
“Premium Community Membership Terms” means these Premium Community Membership Terms and all materials and offerings listed when signing up to the Openli Community Premium Membership.
“Community Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Openli Community, whether by us or other members of the Openli Community. Community Content does not include Your Content.
"Your Content” means all content, including without limitation, articles, blogs, data, information, and images, provided through or disclosed by use of the Openli Community, by you.
“Community Guidelines” means the policies applicable to members of the Openli Community which may be published on our website.
“Premium Membership” means the membership you have subscribed to and that costs a membership fee. The offerings available to you via your Premium Membership will be described on the website and in emails. It is made clear that these offerings will change over time and will not be or remain the same during your membership.
"Third-Party Products" means products and services that are provided by third parties which may be used in connection with the Openli Community.
"Third-Party Sites" means third-party websites linked from within, accessed through the Openli Community, or domains that host Openli Community.
On the Openli website, you will be able to see the different offerings available to you via your Premium Membership. The offerings, events and elements of the Premium Membership will change over time as e.g. new events will be posted, some will be removed and new elements will be added.
You therefore acknowledge and agree that the Premium Membership and the different offerings are provided “as is” and that it may change from time to time.
When you sign up to the Premium Membership, you will receive a welcome email from Openli.
Your Premium Membership is personal and must not be shared or used by others. Your company may buy team licences and if you have such a team licence / membership, it is still personal. If you share your Premium Membership with others it will constitute a material breach of the Agreement.
You will receive emails from Openli during your membership period where you will be notified about new offerings, events etc. If you unsubscribe, you agree and accept that you will no longer receive emails and therefore not be informed about various Premium Membership offerings.
Some of the offerings in the Premium Membership can be e.g. courses, webinars, discounts to conferences, 1:1 sessions and more. The offerings will change as new events may be added, others removed and new elements added to the Premium Membership.
Some offerings will be included in the Premium Membership free of charge and some offerings will cost additional money.
We may use Third-Party services and people to provide some elements, incl. Events, speakers etc. in connection with the Openli Community.
All information you provide when signing up to the Premium Membership must be accurate and correct and you must provide your real name and details and a functioning email address when signing up.
If you believe your access to or use of the Premium Membership has been breached, compromised, or unauthorised, notify us immediately at communmity@openli.com.
We refer to the Community Terms in regards to your obligations related to your use of the Community and Content. We also refer to the Community Terms in regards to Claims of Copyright Infringement and Openli’s Use of Your Content.
Your obligations regarding your Premium Membership are in addition to this also outlined in this Agreement and you are required to comply with Agreement.
Compliance with Applicable Laws. You shall comply with all applicable laws and regulations.
The Openli Service, including any content generated by Openli in regards to the Community and all underlying technology (including all intellectual property rights embodied therein) and all copyrights and related rights (database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights), is and will remain the sole and exclusive property of Openli and will be protected in accordance with applicable (copyright) laws and other legislation.
Subject to the terms and conditions of this Agreement and the Guidelines, you are granted a non-exclusive, non-transferable, non-sublicensable, terminable, worldwide license to use the Openli Premium Membership and Community, incl. the member portal. For the avoidance of doubt, no license is granted to any underlying technology of the Openli Service or the Community.
If you provide feedback, ideas, suggestions or comments on or regarding Openli’s websites, the Community, the events, offerings, content etc. offered by Openli ("Feedback"), you hereby grants to Openli a perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to fully exploit such Feedback for any and all purposes.
Third-Party Products and Third-Party Sites are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and it does not mean we endorse, support or warranty the Third-Party Site or Product.
Your use of the Openli Community is subject to Openli’s Privacy Policy, available at https://openli.com/legal/privacy-policy.
We will process your data in accordance with the policy, see the section in the privacy policy related to the Openli Community.
The price for the Premium Membership is listed when you sign up for the Premium Membership. The price is - unless otherwise stated - a 12 months Premium Membership.
Your Premium Membership will automatically renew for an additional 12 months unless you or Openli gives notice of termination. Your termination notice should be sent to community@openli.com and should be sent no later than 1 day before the date of renewal. We will send termination notices to the email address you provided when signing up.
If payment for the Premium Membership is not made within the payment terms listed on the invoice (or if you e.g. receive a link to a credit card payment, access to the Premium Membership may be suspended with immediate effect and without further notice. If you have participated in a Premium Membership event but have not paid membership fees we retain the right to not issue any form of certificate and also withdraw and/or cancel your Premium Membership and cancel all events that you may have signed up for.
The Premium Community Terms will apply for as long as you use or maintain a membership for the Premium Membership.
Unless otherwise stated, your membership will be for 12 months with automatic renewal.
Termination and Suspension. We may terminate and/or suspend your access to the Openli Community immediately if you: (i) violate the Community Terms or the Premium Community Membership Terms, (ii) use the Openli Community or the offerings in a way which has or may negatively reflect on or affect us or other members, or (iii) if we determine it to be necessary in our sole discretion. We are not obligated to provide you with any of Your Content used in connection with the Openli Community after termination.
Either party may terminate the agreement for cause with immediate effect upon written notice to the other party if the other party is in material breach of the Agreement and fails to remedy – if such breach is remediable – such breach within 14 days after receiving written notice identifying the breach from the non-breaching party. Notwithstanding the foregoing, Openli reserves the right to suspend your access to the Openli Premium Membership offerings with immediate effect in the event that we in our discretion reasonably determine that you are in material breach of this Agreement or any Community Guidelines.
In case of termination of the Agreement, no matter the cause, you are obligated to cease any use of the Premium Membership offerings from the date of termination.
If you are signing up on behalf of a company, association or any other legal entity, the undersigned represents and warrants that you are authorised to bind the entity into this Agreement.
You must indemnify, defend and hold harmless Openli and its respective officers, directors, employees, consultants and agents (collectively “Indemnitees”) against any liability, losses, damages, penalties, judgments, awards, settlements, costs and expenses, whether direct or indirect, (collectively “Losses”) suffered or incurred by any Indemnitee as a result of any third party claim, allegation, action, suit or proceeding (including any investigation or other claim, allegation, action, suit or proceeding by any governmental authority) arising from or related to any assertion that (a) the use of any content provided by you (i) infringes the intellectual property rights of a third party and/or (ii) violates applicable law and/or the Guidelines; (b) the use by you of Openli Community and/or Premium Membership offerings violates the Agreement, Guidelines or applicable law.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE OPENLI COMMUNITY, THE OPENLI COMMUNITY PREMIUM MEMBERSHIP OR THE COMMUNITY CONTENT FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE OPENLI COMMUNITY IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE OPENLI COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THE PREMIUM COMMUNITY MEMBERSHIP TERMS, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO VALUE OF YOUR PAID 12 MONTHS SUBSCRIPTION..
WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THESE COMMUNITY TERMS.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE OPENLI COMMUNITY TO YOU.
In case of force majeure, Openli shall have the right to suspend delivery and/ or cancel or reduce the content and compilation of the Openli Premium Membership to be provided and shall not be liable in any way for loss, damage or expense arising directly or indirectly from this, or any other failure or delay in Openli’s performance of the Openli Premium Membership, to the extent that this has been caused by any circumstance beyond Openli’s reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics/pandemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labour disputes; acts of civil or military authority; governmental actions; or inability to obtain labour, material, equipment or transportation; industrial disputes (whether or not involving employees of Openli); or failure or delays by Openli’s material subcontractors, suppliers or partners.
We may update and change any part or all of the Premium Community Membership Terms.
If we update or change the Premium Community Membership Terms, the updated terms will be posted on the Openli website. We encourage you to review these Premium Community Membership Terms periodically.
Any material changes to the Premium Community Membership Terms will be notified in writing to Community members with at least one (1) month ahead of such amendment coming into effect. The latest applicable version will be available on Openli’s website(s) https://openli.com/legal.
If you do not agree with a modification to these Premium Community Membership Terms, you should not use the Openli Community.
Neither party may assign and/or transfer any of their rights and obligations under the Agreement to any third party without prior written consent from the other party which may not be unreasonably withheld.
Notwithstanding the foregoing, Openli may assign its rights and obligations under this Agreement in connection with a consolidation, merger, acquisition or sale of substantially all of its assets, shares or activities without the prior written consent from you.
If any part of these Premium Community Membership Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Premium Community Membership Terms will continue in effect.
You can send notices to to community@openli.com.
To you: your email address as provided in our member account information when you signed up for the Premium Membership and that’s why it’s always important that you provide us with an email that you regularly check.
Premium Community Membership Terms constitute the entire agreement between you and us for the Premium Membership and supersedes all other proposals and agreements, whether electronic, oral or written, between us. It is the express wish of both you and us that Premium Community Membership Terms and all related documents be drawn up in English.
Community Guidelines. We may introduce and change the Community Guidelines from time to time and make them available on our website.
No Licenses. We grant to you only the rights and licenses expressly stated in these Premium Community Membership Terms, and you receive no other rights or licenses with respect to us, the Openli products and services, our trademarks, or any other property or right of ours.
The following sections shall survive the expiration or termination of these Premium Community Membership Terms:
The Premium Community Membership Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Danish law.
Each party irrevocably agrees that the city court of Copenhagen in the first instance shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Premium Community Membership Terms or its subject matter or formation (including non-contractual disputes or claims).
May 2024: Introduction and publication of the Premium Community Membership Terms.