1. Scope of General Terms
The following INOTLES webplatform General Terms and Conditions of Service regulate the legal relationship between INOTLES and all users ("Users" and the term "User" shall be construed accordingly) of the INOTLES webplatform at http://www.inotles.eu/ ("INOTLES Platform"). By visiting and posting on this site, you specifically and automatically accept and agree to abide by these General Terms and Conditions of Service. The present General Terms and Conditions of Service shall be applied for the use of all part of the Website, including but not limited to INOTLES webplatform, INOTLES WIKI on teaching European Studies, INOTLES blog, the intranet community and any other part of the webplatform. The descriptions of the aforementioned Services see below in Clause 4.
This website is the sole and exclusive property of INOTLES. Participation is limited to individuals who are registered as users. INOTLES reserves the right, in its sole, exclusive, and confidential discretion, at any time (a) to verify or validate any individual’s right to participate in the INOTLES Platform, and (b) immediately and without notice to deny participation to, or terminate the participation of, those it determines to be not validly eligible to participate.
3. Changes in the Service
INOTLES may amend, supplement, or modify the General Terms and Conditions of Service at any time, with or without notice. Users will be deemed to have accepted such amended, supplemented, or modified General Terms and Conditions of Service by making any use of the INOTLES Platform after the General Terms and Conditions of Service have been amended, supplemented, or modified. The most current version of the General Terms and Conditions of Service is available at any time on … and the Users undertake and acknowledge that always the most current version thereof shall be automatically applied.
4. Definitions, Description of Services
- Users mean all persons who are Registered Users of the INOTLES Platform according to Clause 5 (1).
- INOTLES offers Users an Internet platform, on which Users can post their public contributions (INOTLES blog, INOTLES WIKI), or use the INOTLES intranet space.
- INOTLES intranet space (“INOTLES Community”) is reserved only for INOTLES project partners staff. Its purpose is to establish the community of INOTLES project partners’ staff and to serve as a main virtual space for INOTLES project coordination and activities.
- INOTLES WIKI on teaching European Studies (“INOTLES WIKI”) is open for (academic) contributions from both INOTLES staff and external users, registered on INOTLES webplatform.
5. Prerequisites of Use
- The INOTLES Services defined in clause 4 may only be used by Users who: a. have completed the INOTLES registration and have been subsequently validated and accepted by INOTLES; b. have an email account acceptable to INOTLES. c. notify INOTLES without delay of any and all changes to the information requested for Registration.
- INOTLES retains the right to refuse registration to any User without giving reasons.
- The User understands, acknowledges, and agrees that the provision of the INOTLES Services may involve INOTLES sending the User certain communications from INOTLES such as, but not limited to, service announcements and administrative messages, and that such communications are considered part of the INOTLES Services and that the User will not be able to opt out of receiving them.
6. Duties Arising from Contract
- Users may open one INOTLES account in their own name. Any abusive use of INOTLES accounts is prohibited and will lead to termination of all of the User’s INOTLES Services.
- Users undertake to protect access to INOTLES Services from unauthorized use by third parties. The User undertakes not to distribute to any third party said User’s login name and password ("Access Data"). Users hereby acknowledge and agree that they are fully liable for any damages arising from the unauthorized use of their Access Data and the corresponding use of INOTLES Services. Users notified that their Access Data has been divulged to third parties are obliged to change their password. If this is not possible the User must notify INOTLES immediately. In the event that the User defaults on this obligation, INOTLES has the right, in its sole, exclusive, and confidential discretion, to suspend or terminate the User's account and refuse any and all current or future use by the User of the INOTLES Services or any part thereof.
- The User shall provide INOTLES with a current email address via which the User is always contactable ("the User’s Authorized Email Address"). INOTLES will not accept any instructions from the User unless they are sent from the User’s Authorized Email Address. Users have to immediately inform INOTLES of any change to the User’s Authorized Email Address. In the event that the User does not notify INOTLES of the changes to the Authorized Email Address or in the event that INOTLES become aware of the changes thereof in other way, INOTLES has the right, in its sole, exclusive, and confidential discretion, to suspend or terminate the User's account.
7. Reservation of Alterations
The INOTLES Platform and all INOTLES Services are provided without any assurance of reliability or quality whatsoever. INOTLES retains the right to alter, remove, or cease providing any or all of the INOTLES Platform and the INOTLES Services at any time without reason and without notice. The User hereby acknowledges and agrees that under no circumstances shall INOTLES be liable to the User or to any third party for any modification, suspension, or discontinuance of the INOTLES Platform and/or any of the INOTLES Services and for any damages caused by this.
8. Use of INOTLES Platform, Intranet space and INOTLES WIKI on teaching European Studies
- INOTLES intranet space (“INOTLES Community”) is reserved to INOTLES project partners staff Users covenant with and represent and warrant to INOTLES, and understand, undertake, acknowledge, agree, and accept that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, provided to or routed through this site, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated and that the User, not INOTLES, is solely, exclusively, and entirely responsible for all such content that the User uploads, posts or otherwise transmits via the INOTLES Services defined in clause 4 thereof.
- Users covenant with and represent and warrant to INOTLES, and understand, undertake, acknowledge, agree, and accept that the information and opinions expressed in materials posted by the Users on INOTLES Community are not necessarily those of INOTLES. INOTLES makes no representations or warranties regarding such posted materials and does not accept liability for any information posted in the Intranet space. Any personal information Users voluntarily disclose in the intranet space can be used by others and may result in unsolicited messages. INOTLES specifically disclaims responsibility for such third parties’s usage of any information posted to the INOTLES Community. Users covenant with and represent and warrant to INOTLES, and understand, undertake, acknowledge, agree, and accept that, when using the INOTLES Platform or the INOTLES Services defined in clause 4, they will not: a. post, upload, email, or otherwise transmit any material, the publication, dissemination, use possession of which infringes the rights of any person or which is unlawful in any other respect; b. behave in any way which is abusive, defamatory or obscene, or which will or is likely to harass any person or which might restrict or inhibit the use and enjoyment of the INOTLES Platform, the INOTLES WIKI or INOTLES Community by any person; c. post, upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, competitions, "junk mail", "spam", "chain letters", "pyramid schemes", "snowball-systems", "mass-emails", or any other form of solicitation or commercial exploitation; d. post, upload, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, restrict, destroy, limit the functionality of, or compromise the integrity of any computer software or hardware or telecommunications equipment; e. create a database (electronic or otherwise) other than on INOTLES webplatform that includes material downloaded or otherwise obtained from the INOTLES Platform or the INOTLES Services (without prior written permission from INOTLES); f. transmit or re-circulate any material obtained from the INOTLES Platform and the INOTLES Services to any third party otherwise than through the Communities without prior written permission from INOTLES; g. publish text, images, files, data, hyperlinks, software, or other content, which on the basis of a discretionary evaluation by INOTLES may be construed as abusive, harassing, libelous, obscene, pornographic, or in any other way offensive, including but not limited to the hyperlinks referring to infringing materials and photos without the prior consent of the persons photographed or otherwise depicted unless it is reasonably impractical to do so under the circumstances; h. forge headers, or otherwise manipulate identifiers to disguise the origin of any material transmitted through the INOTLES Service; i. promote or provide information about illegal activities, or promote physical harm or injury against any group or individual; j. offer or advertise products of services for commercial purposes; k. delete or misrepresent author’s, legal, or other notices of property relating to the source of a software or other material that is uploaded or remove or modify any rights management data, i.e. data provided by the owners of rights in order to identify the work, the author of the work, or which inform about the terms and conditions of the use of the work, including any numbers or codes that represent such information; or
- INOTLES retains the right to suspend and terminate all current and future use of the INOTLES Services defined in clause 4 (or any portion hereof) without giving reasons and without notice.
- Users recognize, acknowledge, and agree that: a. INOTLES is not liable for the unintended publication or public or private use of any communication posted to INOTLES webplatform or INOTLES Community; whether of a public, private, and/or personal nature; b. INOTLES webplatform managers, registered users, guest bloggers, or other members of the Communities are not authorized spokespersons for INOTLES and their opinions do not necessarily reflect the opinions of INOTLES; c. INOTLES does not accept responsibility or liability for material posted by Users although, at a Users’ request or on INOTLES’s own initiative should it determine in its sole, exclusive, and confidential discretion that such steps are necessary, INOTLES will remove any material that a User finds offensive; and d. INOTLES retains the right to delete or block Users posts and/or content and to remove it without giving reasons;
- INOTLES does not guarantee and is not liable for the constant and uninterrupted use of the INOTLES Platform and the INOTLES Services.
- INOTLES is not responsible for the content of advertising banners and other external non-INOTLES-originating contents on the INOTLES Websites. Likewise, INOTLES is not liable for the contents of external Websites referred to at INOTLES and by INOTLES.
- INOTLES does not guarantee the compatibility of the INOTLES Services with the individual hardware and software furnishing of a User.
- INOTLES works to maintain the privacy of any personally identifiable information (name, mailing address, email address, etc.) that may be collected though this site. Please note, however, that, though this site has security measures in place, INOTLES does not represent, warrant, or guarantee to any User or other person or entity that personal information will be protected against unauthorized access, loss, misuse, or alterations. Similarly, INOTLES hereby disclaims liability for personal information submitted through the website. Users are hereby advised that they submit such personal information at their own risk.
- Each User hereby indemnifies and holds INOTLES and its partners, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of the User’s use of the INOTLES Services or the INOTLES Platform or arising out of any breach of the General Terms and Conditions of Service or arising as a result of any other activity of the User. Users hereby agree to indemnify and hold harmless INOTLES from and against any costs, sums, fees, damages, penalties, fines, assessments, or other amounts of any kind whatsoever (including, without limitation, actual attorneys’ fees), that INOTLES is or may be required to pay as a result of a User’s breach of the covenants, representations, and warranties set forth in subparagraphs 8(2).
- Users acknowledge and agree that all materials which infringe any rights or which is suspected to be infringing INOTLES has the right in its sole, exclusive, and confidential discretion to remove or delete such materials without any prior notice.
10. Termination of Contract
- Users may cancel their account and their agreement with INOTLES for provision of the INOTLES Services at any time by giving INOTLES two weeks’ notice. INOTLES has the right to cancel a User’s account and cancel INOTLES’ agreement with a User with immediate effect without notice.
- Users agree that INOTLES shall not be liable for to Users or to any third party for any termination of access to service or removal of content.
INOTLES will process Users’ Registration Data and other personal data in accordance with applicable data protection legislation. INOTLES does not divulge personal data to third parties. The INOTLES privacy promise located at http://www.inotles.eu/ is applicable. However, INOTLES may decide or be required to disclose information to law enforcement, other government authorities, or third parties under certain circumstances. INOTLES can and Users hereby authorize INOTLES to disclose any information about Users that INOTLES, in its sole discretion, believes is necessary or appropriate, in connection with an investigation of fraud, infringement of intellectual property rights, third-party lawsuits, or other activity that is illegal or may expose INOTLES to legal liability. In no event will INOTLES, or any person or entity involved in the disclosure of information based on the foregoing, be liable for the any further use of third parties of the information disclosed according to the foregoing by INOTLES.
INOTLES excludes all liability and responsibility for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the INOTLES Platform and the INOTLES Services.
- The names, images and logos identifying INOTLES or third parties and their products and services, are the proprietary marks of INOTLES and/or may be the proprietary marks of third parties. No use may be made of these marks absent the prior written consent of the marks’ owner(s).
- If any of the General Terms and Conditions of Service should be determined to be illegal, invalid, or otherwise unenforceable, the term or terms in question shall be severed and deleted from the General Terms and Conditions of Service and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
- These terms and conditions shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from matters relating to the Website shall be exclusively subject to the jurisdiction of the courts of the Netherlands. (end of document)