ARIA IDSS Terms of Use

ARIA IDSS is the IDentity and Security Service operated by Instruct-ERIC.

1. TERMS

This page (together with the documents referred to on it) sets out the terms on which you may use the ARIA IDSS service as a registered user. Please read these terms carefully before using the service: by using the service, you indicate that you accept these terms of use and you agree to abide by them. If you do not agree to these terms, you may not use this service.

2. INFORMATION ABOUT US

2.1 This service is currently operated by Instruct-ERIC, an integrated structural biology infrastructure for Europe, which aims to maintain European competitiveness in structural biology. Instruct-ERIC was established in July 2017 according to European ERIC Council regulation number 723/2009, implementation reference 2017/C 230/01. 2.3 In these terms of use (and the documents referred to in it), “Instruct” shall mean Instruct-ERIC, acting on behalf of the international collaboration pursued by the Consortium Partners.

3. ACCESSING THE SERVICE

3.1 Access to the service is permitted on a temporary basis, and Instruct reserves the right to withdraw or amend the service without notice. Instruct will not be liable for any reason in the event that the service is unavailable at any time or for any period.

3.2 From time to time, Instruct may restrict access to some parts of the service, or the entire service, to users who have registered with it.

3.3 If you choose, or are provided with, a user identification code, password or any other piece of information as part of the service’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Instruct shall have the right to disable any user identification code or password, whether chosen by you or allocated by Instruct, at any time, if in its opinion you have failed to comply with any of the provisions of these terms of use. You should notify Instruct immediately support@instruct-eric.eu if you become aware of any unauthorised use of your identification code or password.

4. ALL PROFILE CONTENT

4.1 By submitting any content to your profile, you represent, warrant and covenant that:

(a) you will provide true, accurate, current and complete information; and

(b) you will maintain and promptly update your registration information to keep it true, accurate, current and complete.

(c) you are the owner of the material or content and/or have all the necessary rights, consents, permissions and licences which are required for you to submit the content and to grant the applicable licence;

(d) the content does not (whether in its submission, subsequent use in accordance with the applicable licence or otherwise) infringe the intellectual property rights of any third party;

(e) to the extent that the content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permission from those individuals which are required for Instruct to use the content as contemplated by the applicable licence;

(f) the content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety or any person, aimed at harassing any person or otherwise inappropriate to display on the service; and

(g) at our request, you will provide Instruct with written copies of any consents, permission and licences that you are required to obtain in accordance with this clause 4.1.

4.2 If Instruct has reasonable grounds to suspect that any information supplied for the purposes of clause 4.1 is untrue, inaccurate, not current or incomplete, Instruct reserves the right to suspend or terminate your registration and any access you may have to the service.

4.3 Other than the limited licence set out in clauses 4 and 6 (as applicable), Instruct acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms of submission in or to any content that you submit, including any intellectual property rights which may subsist in that content (whether those rights are registered or not, and wherever in the world those rights may exist). You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Instruct has no obligation to do so on your behalf.

4.4 You acknowledge that:

(a) you have received good and valuable consideration in exchange for the applicable licence and that you are not entitled to any further compensation for any use by Instruct of the content in accordance with that licence; and

(b) Instruct may, without notice to you, reject, refuse to use or delete any content at any time where it considers this to be reasonably necessary.

4.6 Whenever you make use of a feature that allows you to post, transmit, upload or otherwise, you agree to keep Instruct indemnified, and hold Instruct harmless, against any claim, loss, damage, cost, expense (including legal fees) or other liability Instruct may suffer or incur as a consequences of its use of the content in accordance with the applicable licence granted by you or of any breach by you of the ARIA IDSS terms of use, whether or not any such liability was foreseeable.

4.7 Instruct will have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to the service constitutes a violation of their intellectual property rights, or their right to privacy.

4.8 Instruct will not be responsible or liable to any third party for the content and accuracy of any materials posted, transmitted, uploaded or submitted by you, or any other user, to the service.

5. PROHIBITED USES

5.1 You may use the service only for lawful purposes. In particular, you may not use the service:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(d) to post, transmit upload or submit any material or content which does not comply with clause 4.

(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”); or

(f) to knowingly transmit any data or to 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.

5.2 You also agree:

(a) not to reproduce, duplicate, copy or re-sell any part of the service in contravention of these terms;

(b) not to access without authority, interfere with, damage or disrupt:

(i) any part of this service;

(ii) any equipment or network on which the service is stored;

(iii) any software used in the provision of the service; or

(iv) any equipment or network or software owned by or used by any third party.

5.3 A breach of clause 5.1(f) or 5.2(b) may constitute a criminal offence under the Computer Misuse Act 1990. Instruct will report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the service will terminate immediately.

6. INTELLECTUAL PROPERTY

6.1 Instruct is the owner or licensee of all intellectual property rights in the service and in the content published on it. Those works are protected by national and international laws. All such rights are reserved.

6.2 You must not copy, modify, distribute nor generally re-use the content (including and not limited to text, photography, logos, video etc.), on this service, unless expressly stated otherwise.

6.3 You must not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained in the service or any content published on it.

6.4 If you breach any provision of this clause 6, your right to use the service and any content will cease immediately and you must, at Instruct’s option, return or destroy any copies of the content you have made.

7. CHANGES TO SERVICE

Instruct aims to update the service regularly, and may change it at any time. If the need arises, Instruct may suspend access to the service, or close it indefinitely.

8. INFORMATION ABOUT YOU

We process information about you in accordance with our Privacy Policy. By using our service, you consent to such processing and you warrant that all data provided by you is accurate.

9. TRANSMISSION OF DATA

The transmission of information via the internet is not completely secure. Although Instruct will use reasonable endeavours to protect any information you may submit to the service, it cannot guarantee the security of any information in transmission: any transmission is at your own risk. Once Instruct has received your information, it will use appropriate procedures and security features to try to prevent unauthorised access.

10. LINKING FROM THE SERVICE

Where the service contains links to other sites and resources provided by third parties, these links are provided for your information only. Instruct has no control over the content of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

11. VARIATIONS

Instruct may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Instruct makes: such changes are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the service.

12. INSTRUCT’S LIABILITY

12.1 Although Instruct will make every effort to operate this service with reasonable care and skill, the liability of Instruct is limited as set out in this clause 12.

12.2 To the extent permitted by law, Instruct expressly excludes:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b) any liability for any indirect or consequential loss or damage incurred by any user in connection with the service or in connection with the use, inability to use, or results of the use of the service, any website linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and

(c) any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill or wasted management or office time, in each case whether direct or indirect and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

12.3 Nothing in these terms limits or excludes Instruct’s liability for (a) death or personal injury resulting from its negligence, (b) any fraud or fraudulent misrepresentation, or (c) any other liability which, by law, cannot be limited or excluded.

13. JURISDICTION AND APPLICABLE LAW

13.1 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Belgium.

13.2 The Belgian courts will have exclusive jurisdiction over any claim arising from, or related to, the service, although Instruct retains the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

13.3 If any provision of these terms of use (or any document referred to in them) is held to be invalid or unenforceable under any applicable statute or rule of law, then it shall be deemed to be omitted to the extent that it is invalid or unenforceable, and your use of the service shall be subject to the remaining provisions of these terms of use.

13.4 These terms of use, together with the notices and documents referred to in them (“Legal Notices”), were drafted in the English language. If these Legal Notices are translated into any other language, the English language text shall prevail.

14. YOUR CONCERNS

If you have any concerns about the material which appears on the service, please contact support@instruct-eric.eu

_{ARIA IDSS Terms of Use version 1.0 updated 11 May 2020}