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Terms of Use


Version 1-9, in force since 31-January 2014

Definitions

  • Europeana: by Europeana, we mean the service provided via the website (http://www.europeana.eu), its data and its machine interfaces (note: the specific URL may change in later iterations of the site) managed by the Europeana Foundation.
  • Content: text, metadata, animations, 3D content, annotations, playlists, courses, collections, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
  • Metadata are the descriptive pieces of information provided by content providers and/or generated by ECLAP.
  • Service: we mean the ECLAP Service Portal website and/or any ECLAP products, software, data feeds, and services provided to you on, from, or via the ECLAP Social Service Portal accessible via http://www.eclap.euor its alias links if any.
  • Simple User: a single user getting access to the Service. It can be either a Registered User or not. A Simple User, whether not registered, is a Public User accessing the Service, but unable to get access to all the services provided.
  • Registered User: a user who is registered and logged into the Service leaving a profile. During the registration the Registered User has implicitly agreed on and signed these Terms of Use. A Registered User may increase his/her capabilities in ECLAP becoming: Trusted User, WF IPR User (IPR Manager), Group Coordinator, etc., as described hereafter. Multiple roles are allowed. A Registered User may be entitled to upload Content on ECLAP.
  • ECLAP Coordinator is theUniversity of Florence with the department that signed the contract with the EC, precisely the DISIT Lab and DINFO department (formerly named DSI department, and DISIT Lab).
  • ECLAP Consortium: the set of partners who signed the ECLAP Consortium Agreement and Grant Agreement with the ECLAP Coordinator and EC. The ECLAP Consortium has been active until the EC contract that closed the 31 June 2013.
  • Consortium Partner: an institution (together with its corresponding Registered Users as declared in that Consortium) that has signed the ECLAP Consortium Agreement and Grant Agreement with the ECLAP Coordinator and EC, and which is registered to the Service.
  • Affiliated Partner: an institution (together with its corresponding Registered Users as declared in that affiliation) that has signed the Affiliation Agreement with the ECLAP Coordinator to access the Service. They are generically referred to as Partners, together with the Consortium Partners.
  • ECLAP Manageris presently the University of Florence, while in the future could be one of its spin-off to which the corresponding roles, income and duties are delegated. ECLAP Manager is the operative arm of the ECLAP Board of Directors to manage the day by day activities for the ECLAP Service management.
  • New Affiliated Partner: an institution (together with its corresponding Registered Users as declared in that affiliation) that has signed the New Affiliation Agreement with the ECLAP Manager to access and exploit the Service. The New Affiliation Agreement pay an annual fee to get affiliated to ECLAP and access its services. They are generically referred to as Partners, together with the Consortium Partners and Affiliated Partners.
  • Trusted User: a Registered User who has particular privileges: un-moderated content upload, unrestricted (or less restricted) access to Content covered by restrictions. Such privileges have to be requested by delegated/by proxy from a Partner according to the internal rules. Trusted Users are legally allowed to get access to the Content which has restrictions (for other kind of users), only for the purpose of improving and testing the Service and not for any personal usage, nor educational purposes. For example, a special kind of Trusted User is related to users involved in Metadata Content enrichment, translation, validation, quality review, etc. Therefore, Trusted Users are not authorised to propagate the Content access they are allowed to access, to other people or users. The level of Trusted User may be revoked by ECLAP Manager in the event of infringement or lack of activity. ECLAP Manager may enable a number of Trusted Users for each Partner.
  • WF IPR User (IPR Manager): Work Flow Intellectual Property Right User, is a Trusted User holding the privileges to edit the IPR Permission by using the IPR Wizardtool. The WF IPR Users (IPR Manager) are appointed by a Partner to define the permissions to be applied to Content access that the Partner itself provided.
  • Group Coordinator: a Registered User delegated by a Partner in agreement with ECLAP Manager to coordinate an ECLAP group or channel (they are synonymous). An ECLAP group or channel is a collaborative tool allowing to create and manage a user community within the ECLAP community. Only Registered Users belonging to a certain group may be entitled to upload/add content to the group. To get access to the Content associated with a group, the Registered User has to be member of that group as well.
  • ECLAP Board of Directors, BOD which has the duty of defining the strategic direction of ECLAP and administrative activities.
Service description
ECLAP Services and tools provided by the ECLAP Manager. ECLAP Manager provides access to a technical platform for the exchange of data on the Internet via suitable devices. The Service is provided for Registered and non registered users, defined as Simple Users.
The Service includes, but is not limited to, services in the area of communications through which users are given the opportunity to register, create a profile, publish information about themselves, which is made visible to all the other users of the service, create or join groups, invite friends to these groups, search for other users within groups, publish information about themselves, create and manage courses, upload and view content, etc.
Different kinds of users may view the profiles of other members and contact them. Some data concerning the contact established among members are stored and made accessible to users. ECLAP is exclusively meant for personal-private use within its members and it must not be used for commercial purposes, unless explicitly allowed in writing by ECLAP itself.
 
1. Your Acceptance
1.1 Using or visiting the Service means that you do agree upon
  1. these terms and conditions (the "Terms of Use", http://www.eclap.eu/3730),
  2. ECLAP's Privacy and Policies, found at http://www.eclap.eu/3731and incorporated herein by reference, and
  3. ECLAP infrastructure and tools
  4. If you disagree both on any of these Terms of Use and the ECLAP Privacy and Policies, please do not use the Service.
1.2. Although we may attempt to notify you of any relevant changes of these Terms of Use whenever they occur, you should periodically review the most up-to-date version  ECLAP may at its sole discretion modify or revise these Terms of Useand the ECLAP Privacy and Policies at any time, and you agree to such new modifications or revisions. Nothing in these Terms of Useshall be deemed to grant rights or benefits to any third-party.
 
2. Service
2.1. These Terms of Useshall apply to all the users of the Service, including users who are also contributors of Content on the Service.  
2.2. The Service may contain links to third party websites that are not owned, nor controlled by ECLAP. ECLAP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ECLAP will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve ECLAP from each and every obligation arising from your use of any third-party websites. Whether the links hosted by ECLAP refer to content infringing copyright, as to the solution of those problems related to links, the same mechanisms and terms reported in Art.9 are applied and have to be used.
2.3. Subsequently, we encourage you to be always aware of and to read the terms and conditions and Privacy and Policies of each website that you may visit.


3. ECLAP Users’ Accounts
3.1. In order to access some features of the Service, you have to be registered in the ECLAP portal and create a specific ECLAP account of yours. You are never allowed to use the account of another person, without his/her permission. When creating your account, you must provide accurate and complete pieces of information, to describe your profile. You agree about the usage of the data collected in your profile and about the Service use. Such use data are used to support and help you. You are the sole responsible for the activity occurring on your account, and you must keep your account password safe. You must notify ECLAP immediately of any breach in security or of any unauthorized use of your account.
3.2. Although ECLAP shall not be liable for your losses whether caused by any unauthorized use of your account, you may be liable for the losses brought about to ECLAP or others, due to such unauthorized use.
4.  General Use of the Service 
ECLAP hereby grants you permission to access and use the Service as set in these Terms of Use, provided that:
4.1. You agree not to distribute in any medium any part of the Service or the Content without ECLAP's prior written authorization, unless ECLAP makes available the means for such distribution through functionality directly offered by the Service, namely Social Icons, embedding, copy links, download, play.
4.2. You agree not to alter or modify any part of the Service.
4.3. You agree not to access Content through any technology or means other than the tools provided by the Service itself, the ECLAP tools, or other explicitly authorized means ECLAP may point out.
4.4. You agree not to use the Service for any of the following commercial purposes, unless you obtain ECLAP's prior written approval:
  • the sale of access rights to the Service;
  • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from ECLAP appears on the same page and is of sufficient value to be the basis for such sales.
  • the posting of ads non related to the context of the group and ECLAP service.
4.5. Forbidden commercial uses do not include:
  • uploading an original content to ECLAP, or maintaining an original channel or group on ECLAP, to promote your business or artistic enterprise;
  • any use that ECLAP has expressly authorized in writing.
4.6. If you use the ECLAP Upload content service, you agree on the Terms of Use. The ECLAP Upload service can be moderate for some kinds of user. This means that your upload may be subject to approval before publishing and can be removed without your consensus if ECLAP detects some violation of the above mentioned rules. In those cases, ECLAP reserves the right to block and/or remove the account of users that violate the Terms of Use.
 
4.7. You agree not to use or launch any automated system, including with no limitation, "robots," "spiders," or "offline readers," which can access the Service so as to send out to the ECLAP servers in a given time period more request messages than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ECLAP grants to the operators of public search engines the permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary to create publicly available and searchable indices of the materials, but not caches or archives of such materials. ECLAP reserves the right to annul these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable pieces of information, including account names, from the Service, neither to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Service as far as their Content is concerned.
 
4.8. In your use of the Service, you will abide by all applicable laws.
 
4.9. ECLAP reserves the right to discontinue any aspect of the Service at any time.
 
5. Your Use of Content
Besides complying with the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
5.1. The Content on the Service, the trademarks, service marks and logos of the Service, are owned by or licensed to ECLAP, subject to copyright and other intellectual property rights under the law in force.
 
5.2. Content is provided to you AS IT IS. You may access Content for your information and personal use solely as meant through the provided functionality of the Service and as it is allowed under these Terms of Use. You shall not download any Content unless you see a “download” or similar link displayed by ECLAP on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without getting the prior written consent from ECLAP or the respective licensors of the Content. ECLAP and its licensors hold all the rights which are not explicitly granted in and to the Service and the Content.
 
5.3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features preventing or restricting the usage or any Content copying or enforcing limitations on use of the Service or the Content therein.
 
5.4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that ECLAP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or related to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive to, any legal or equitable rights or remedies you have or may have against Service with respect thereto, and, to the extent permitted by the law in force; you agree to indemnify and hold harmless Service, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by the law, as to all the matters related to your use of the Service.
 
5.5. If the Content is provided by a Partner, the content is provided by the Service according to the specific access restrictions/permissions defined by the content provider itself and the Service. No access restrictions are applicable on content items provided by Simple Users and accepted by ECLAP.
 
6. What ECLAP can do with your content
6.1. As Service Registered User, you may submit Content to the Service, thus making the Content accessible via related tools. You understand that ECLAP does not guarantee any confidentiality with respect to any Content you submit.
 
6.2. You shall be held solely responsible for your own Content and answerable for the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit, even if the Content contains multiple content items and thus it may refer to multiple rights (for example, a video with synchronized audio, a collection of images, a web page with media, etc.)
 
6.3. By providing Content in ECLAP, you grant ECLAP the right to extract, store, transform and produce Previews of visual content (images and videos) on the Service and on Europeana. Europeana and ECLAP will only use the Preview in relation to the Content for its representation. Whenever the preview cannot be produced by the Service or by Europeana or it is not provided on upload/edit, the Service may generate the Preview or use some other generic previews in its place.
 
6.4 If you are a Registered User, you license to the ECLAP any patent, trademark, trade secret, copyright or other proprietary rights related to such Content for publication on the Service according to these Terms of Use. For the sake of clarity, you retain each and every ownership right in your Content. However, by submitting Content to the Service, you hereby grant ECLAP a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, adapt, distribute, prepare derivative works, display, and perform the Content in connection with the Service and ECLAP's (and its successors' and affiliates') business, including with no limitation any promoting and redistributing of part or the whole Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, display and perform such Content as permitted through the functionality of the Service and under these Terms of Use. The above licenses granted by you as to Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your contributions from the Service. You understand and agree, however, that ECLAP may retain the contribution you have removed, but without displaying, distributing, or performing it. The above licenses granted by you in the user comments you submit are perpetual and irrevocable.
 
6.5. If you are a Partner, and you provided the Content on behalf of an institution of yours, for the Metadata you provide, you hereby grant to the ECLAP a non-exclusive, worldwide, royalty free licence on copyright, even for commercial purposes, related rights and the sui generis database right, whereby ECLAP shall have the rights to:  
a) publish, make available, reproduce, distribute, display, transmit, extract, re-utilize and store the Metadata and its derivatives in all the forms, formats and media, whether already known or hereafter developed (including without any limitation whether in print, digital and electronic form) throughout the world;
b) translate the Metadata (or authorise others to do so) into other languages, create adaptations, summaries, combinations, or extracts of the Metadata or other derivatives based on the Metadata and exercise all the rights set forth in (a) as mentioned above, inside such translations, adaptations, summaries, combinations, extracts and derivatives;
 
6.6. If you are an Affiliated Partner or a New Affiliated Partner, when it comes to permitting the provision of the Service in accordance with its purpose and the Affiliation Agreement signed with ECLAP, the Affiliated Partner / New Affiliated Partner grants to the ECLAP a non-exclusive license to use, adapt, distribute, prepare derivative works, display, and perform the Content in connection with the Service (and its successors' and affiliates') business, including with no limitation any promoting and redistributing of part or the whole Service, according to the permissions applied by you via the IPR Wizards ECLAP tool, if you accepted to use them via the Affiliation Agreement or New Affiliation Agreement, respectively.
 
6.7. If you are a Consortium Partner, when it comes to permitting the provision of the Service, the Consortium Partner grants to the ECLAP a non-exclusive license to use, adapt, distribute, prepare derivative works, display, and perform the Content in connection with the Service (and its successors' and affiliates') business, including with no limitation any promoting and redistributing of part or the whole Service, according to the permissions applied by you via the IPR Wizards ECLAP tool.
 
6.8. As to the Content provided by Partners, after the upload (or the delivery to the ECLAP Service) the Service applies the most restrictive conditions to access the content. This means that only Trusted Users might be entitled to access them (via PC and mobiles) and for service test, content improvement and management only. Public or Registered Users would not be entitled to access the Content, exploiting the permission reported in the following table.
 
6.9. To make the Content provided by Partners available to users, the Service allows the content providers to grant some permissions for content access to some kinds of user, by using IPR Wizard tool, and this can be performed only by the WF IPR User (IPR Manager) for the specific group/channel managed by the Partner. The IPR Wizard allows the Partner to set up the permission to grant some user categories. As to this aspect, the Service will allow the partner to set up for each Content item different permissions for:
  • EDU Users: Registered Users that have declared into the Service profile (job and occupation) their status as students, teachers, professors, and researchers;
  • NON EDU Users: which are all the remaining kinds of Registered User.
Each and every user has accepted these Terms of Use, thus declaring under their sole responsibility the correctness of the pieces of information reported in their profiles.
 
Type of Content Managed Permission (each line is an indivisible permission)
VIDEO Play/stream, progressive download, P2P on mobile Browser
VIDEO Download via mobile Browser
VIDEO Embed content into third party site web pages
VIDEO Play/stream, progressive download, P2P on mobile App
VIDEO Download via mobile Application of ECLAP
VIDEO Play/stream, progressive download, P2P on PC, smartTV in Low Definition and Medium Definition
VIDEO Download on PC in Low and/or Medium Definition
VIDEO Play/stream, progressive download, P2P on PC and Smart TV in High Definition
VIDEO video HD PC download
AUDIO Play/stream, progressive download, P2P on mobile Browser
AUDIO Download via mobile Browser
AUDIO Embed content into third party site web pages
AUDIO Play/stream, progressive download, P2P on mobile App
AUDIO Download via mobile Application of ECLAP
AUDIO Play/stream, progressive download, P2P on PC in Low Definition and Medium Definition
AUDIO Download on PC in Low and/or Medium Definition
Document, PDF, slide,
PPT, ebook, etc
document play/download/access (PC and/or mobile)
Document, PDF, slide, PPT, ebook, etc Embed content into third party site web pages
Document, PDF, slide, PPT, ebook, etc Exposing the Download Button
IMAGE Image play/download/access (PC and/or mobile)
IMAGE Embed content into third party site web pages
IMAGE Exposing the Download Button
Crossmedia, mpeg-21, smil, html, archive, tools, 3D, etc. crossmedia play/download/access (PC and/or mobile)
Crossmedia, mpeg-21, smil, html, archive, tools, 3D, animation, etc. Embed content into third party site web pages
Crossmedia, mpeg-21, smil, html, archive, tools, 3D, animation, etc. Exposing the Download Button
 
6.10. The IPR Wizardtool is the Service instrument by which the Partners may define the access permission to the above mentioned user categories. The permissions reported in these Terms of Use are only an example and others can be added according to our own judgement. New and added permission are not granted without Partner explicit intervention via the IPR Wizardtool from the WF IPR User (IPR Manager). Since there are formal relationships among permissions, the IPR Wizard tool is going to ask some questions to the Partners as to the permissions for each kind of user you may want to bind, while other questions are automatically posed. The applied model is reported in: http://www.eclap.eu/3721
 
6.11. You further agree that Content you submit to the Service does not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have explicit permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to the ECLAP all the related license rights, as provided herein.
 
6.12. You further agree that you will not submit to the Service any Content or other material that is contrary to the ECLAP Privacy and Policies, http://www.eclap.eu/3731, which may be updated from time to time, or any material that is contrary to any local, national, and international laws and regulations in force.
 
6.13. ECLAP does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ECLAP expressly disclaims any and all liability in connection with the Content. ECLAP does not permit copyright infringing activities and any infringement of intellectual property rights on the Service, and ECLAP undertakes to remove any Content whether properly notified that such Content infringes another's intellectual property rights. ECLAP reserves the right to remove Content without notice.
 
6.14. In accordance with the EC Directive 2001/29/EC and regional laws, users being registered as Students, Researchers, University students or alike, have minor restrictions as to the content usage, provided that their use of such Content is aimed at educational and scientific purposes: they have to declare their status of EDU User under their sole responsibility in their user profiles during registration, and they have to update this piece of information over time.
 
 
7. Content termination policy
7.1. If you are a Registered User (not belonging to a Partner), you are entitled to delete your content and comments. For deleting media object, please ask to the ECLAP Manager via info@eclap.euproviding the content url which is accessible from the metadata block on the right side when you play the object. The object will be removed within 10 working days.
7.2. In the event of content posted in ECLAP by users belonging to Partners, ECLAP plays the role of Content aggregator towards Europeana and therefore the purpose of the Consortium Partners is to provide content to Europeana; in fact, the Metadata provided by the Consortium Partners are largely posted into the Europeana portal (among these metadata, there is also a URL to the content file hosted on the ECLAP).
ECLAP has the duty to maintain the Metadata and the corresponding digital resources (files) available and linked to the URL provided by ECLAP to Europeana. Therefore, the deletion of any posted digital resource file is in contrast with the aggregation agreement between ECLAP and Europeana. This means that the content provided by Partners with a view to posting it into Europeana has to remain accessible in ECLAP as well.
In the event of serious problems, bringing forth the need to remove a singular Content file, several solutions can be arranged to solve this kind of problem, thus allowing you to remove the Content and preserve the relationships with Europeana; please contact the ECLAP Manager at info@eclap.eu  .
 
8. Account termination policy
8.1. ECLAP will terminate a user's access to the Service if, under appropriate circumstances, the user turns out to be a habitual infringer.

8.2. ECLAP reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. ECLAP may at any time, without notice and on its sole discretion, remove such Content and/or terminate a user's account owing to the submission of such material in violation of these Terms of Use.

8.3 For Partners the account termination policy is regulated by the ECLAP Grant Agreement, Consortium Agreement and former and New Affiliated Agreements.
 
9. Copyright infringements
9.1. If you are a copyright owner or an agent thereof and you deem that a Content infringes your copyrights, you may submit a notification by providing our Copyright Agent or Coordinator with the following information in writing (you can use the Form A which is reported at the end of this document):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right being allegedly infringed;
  • Identification of the copyrighted work for which a claim of infringement has been done, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the Content (ECLAP URL or AXOID or NID) that is claimed to be infringing or to be the subject of an infringing activity and that is to be removed or for which a request of disabling the access has been done, together with any information reasonably enough to permit the service provider to locate the material;
  • Any Information reasonably enough to permit the content provider to contact you, such as address, telephone number, and, if available, electronic mail;
  • A statement where you express your good faith belief that using the material in the manner you complained about is authorized by the copyright owner, its agent, or the law in force; and
  • A statement where you write that the information in the notification is accurate, and under offence of perjury, that you are authorized to act on behalf of the owner of an exclusive right being allegedly infringed.
ECLAP's appointed Copyright Agent to receive notifications for any alleged claims of infringement is Paolo Nesi, Dipartimento di Ingegneria dell’Informazione, Via S. Marta, 3; 50139 Firenze, Italy (fax: 0039-055-4796363, tel: 0039-055-4796523, email: paolo.nesi@unifi.it). For the sake of clarity, only copyright infringement notices should be addressed  to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should go to the ECLAP customer service through http://www.eclap.eu/3729. You acknowledge that if you fail to comply with all of the requirements of this section, your copyright infringement notice may not be valid. Valid copyright infringement notices are processed by removing and/or disabling the access within 4 business days since the arrival date.
 
9.2. Counter-Notice (see Form B). If you deem that your Content, which has been recently removed (or for which access has been disabled) does not infringe anything, or you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law you are entitled to post and use the material in your Content, you may send a counter-notice containing the following pieces of information to the Copyright Agent (you can use the Form B which is reported at the end of this document):
  • Your physical or electronic signature;
  • Identification of the Content which has been removed or for which access has been disabled and the location where the Content appeared before it was removed or disabled;
  • A statement where you express your good faith belief that the Content was removed or disabled as a result of a mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement where you declare to be aware of the jurisdiction of the Italian law, and a statement where you will accept service of process from the person who has provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ECLAP may send a copy of the counter-notice to the original complaining party, thus informing the latter that it may replace the removed Content or stop disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or its access may be restored, within 10-14 business days or more after receipt of the counter-notice, at ECLAP's sole discretion.
  
10.  Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW; ECLAP OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPLICIT OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ECLAP DOES NOT GUARANTEE  NOR PLEDGE ITS SUPPORT ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND IT ASSUMES NEITHER LIABILITY, NOR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL PIECES OF INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ECLAP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURES IN ANY BANNER OR OTHER ADVERTISING, AND ECLAP SHALL NOT TAKE PART IN, NOR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREVER APPROPRIATE.
 
11. Limitation of Liability
IN NO EVENT SHALL ECLAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL PIECES OF INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ECLAP SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY UPON YOU.
The Service is controlled and offered by ECLAP from its facilities in Italy. ECLAP does not grant that the Service is appropriate or available to be used in other locations. Those accessing or using the Service from other jurisdictions should be aware that they do so at their own volition and are responsible for compliance with their local law.
 
12. Indemnity
To the extent permitted by the law in force, you agree to defend, indemnify and hold harmless ECLAP, officers, directors, employees and agents, from and against each and every claim, damage, obligation, loss, liability, cost or debt, and expense (including, but not limited to attorney's fees) arising from: (i) your using and accessing the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Service.
 
13. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Service is not meant for children under 13. If you are under 13 years of age, then please do not use the Service.  There are lots of other great web sites for you. Please talk to your parents about what sites are appropriate for you.
  
14. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ECLAP without restriction.
 
15. General
You agree that: (i) the Service shall be deemed solely based in Italy; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over ECLAP, either specific or general, in jurisdictions other than Italy. These Terms of Useshall be governed by the internal substantive laws of the Italian State, without respect to its conflict of laws principles. Any claim or dispute between you and ECLAP arising in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Florence, Italy. These Terms of Use, together with the ECLAP Privacy and Policies at http://www.eclap.eu/3731and any other legal notices published by ECLAP on the Service, shall constitute the entire agreement between you and ECLAP concerning the Service. If any provision of these Terms of Useis deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of theseTerms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ECLAP's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. ECLAP reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Usefor any changes. Your use of the Service following any amendment of these Terms of Usewill signify your assent to and acceptance of its revised terms. YOU AND ECLAP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
 
Dated: January, 2014

 
Form A: Copyright Infringement Notice
For the attention of the ECLAP Manager: info@eclap.eu
Paolo Nesi,
Dipartimento di Ingegneria dell’Informazione, Università degli studi di Firenze,
Via S. Marta 3, 50139, Firenze, Italy.
(send it via email and via regular mail with original signature and documents)
 
As copyright owner/agent ................................... located in.......................... and having as legal representative ......................... born in............... at ....................., Your name................, address ................, telephone number................, and e-mail address...............

I state that the Content published in ECLAP and identified with its unique ECLAP URL from the its technical metadata content-url “link to this content” or AXOID or NID (for example: http://www.eclap.eu/drupal/?q=home&axoid=urn:axmedis:00000:obj:b827510e-b77c-4074-993c-3efddfbfaad7, or http://www.eclap.eu/drupal/?q=node/3232, or http://www.eclap.eu/3232) infringes our copyright.
In the case of single/multiple content items, please provide the list of ECLAP ID with their corresponding reasons about copyright infringement according to the following schema:
  • ECLAP URL (or AXOID or NID which is the node number): ........................
  • reasons and description of copyright infringement: ........................
  • Identification of the copyrighted work for which an alleged claim of infringement is presented or, whether multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site: ..................................................
 We support the above statement(s) with:
  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right which is allegedly infringed;
  • A statement where you declare a good faith belief that any use of the material in the manner you are complaining about is authorized by the copyright owner, its agent, or the law; and
  • A statement where you declare that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right which is allegedly infringed.
 
And thus, on the basis of the above statement we request ECLAP to act as described in the Terms of Use.
 
<date, stamp and signature>
 
 Form B: Copyright Infringement Counter-Notice
 
For the attention of the ECLAP Manager: info@eclap.eu
Paolo Nesi,
Dipartimento di Ingegneria dell’Informazione, Università degli studi di Firenze,
Via S. Marta 3, 50139, Firenze, Italy.
(send it via email and via regular mail with original signature and documents)
 
As copyright owner/agent ................................... located in.......................... and having as legal representative ......................... born in............... at ....................., Your name................, address ................, telephone number................, and e-mail address...............

I state that the Content removed and/or disabled in ECLAP and identified with its unique ECLAP URL from the its technical metadata content-url “link to this content” or AXOID or NID (for example: http://www.eclap.eu/drupal/?q=home&axoid=urn:axmedis:00000:obj:b827510e-b77c-4074-993c-3efddfbfaad7, or http://www.eclap.eu/drupal/?q=node/3232, or http://www.eclap.eu/3232) does not infringe copyright since we were authorized from the copyright owner.
In the case of single/multiple content items, please provide the list of ECLAP ID with their corresponding reasons about non copyright infringement according to the following schema:
  • ECLAP URL (or AXOID or NID which is the node number): ........................
  • Identification of the copyrighted work for which an alleged claim of infringement is presented or, whether multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site: ..................................................
  • Statement of the authorization from the copyright owner: ........................
 We support the above statement(s) with:
  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right which is allegedly infringed;
  • A statement where you declare a good faith belief that any use of the material in the manner a third party is complaining about is authorized by the copyright owner, its agent, or the law;
  • A statement where you declare that the information in the counter notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right as mentioned above;
  • A statement that you consent to the jurisdiction of the Italian law,
  • A statement that you will accept service of process from the person who has provided notification of the infringement.
 
And thus, on the basis of the above statement we request ECLAP to act as described in the Terms of Use.
 
<date, stamp and signature>
 




 

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