TERMS AND CONDITIONS
1.1 These terms and conditions form a legally binding agreement between you (“you” or “your”) and European Heritage Days Programme (the “Organisation”, “we”, “us” and “our”), that governs your use of this website (the “Site”).
1.3 You will be considered to have read and accepted these terms and conditions, including any changes, each time you use the Site. The Organisation reserves the right to change or modify these terms and conditions and/or the Services at any time without notice and at our discretion.
means all information, electronic data or fact not in the public domain and belonging to, or in the possession of and relating to a party to this Agreement. Confidential Information includes, but is not limited to, any technical, business, or commercial information, know-how or other intellectual property rights, data, documents, personal data of any party or other information relating to the customers of a Party, its employees, inside information (i.e. financial information dealing with financial instruments) or all other information whether supplied to the Recipient by the Disclosing Party in writing or oral form, by providing access to information systems containing databases or in any other electronic form including emails.
means text or images in electronic form.
means a person or other entity representing a region or country within Europe, who registers as a Coordinator on the Site in order to upload Content relating to heritage events in that region or country.
means the areas of the Site allocated to the country or region represented by the Coordinator of that country or region.
means the services set out in clause 3.
means the website at www.europeanheritagedays.com.
means a person who visits the Site and uploads Content relating to their own experiences.
means a person who visits the Site simply to browse the Content.
3. THE SERVICES
A. FOR VISITORS AND USERS
3.1 The Site provides information about European heritage events. You will be able to use the information provided to search for and gather information about such events, read about other people's experiences, and share your own experiences of featured events.
3.2 You are permitted to visit and use the Site in a personal capacity only, and not for any commercial or business purposes. You must not duplicate (except for your own personal use), sell or resell any part of the Services or access to or use of the Service, or any Content on the Site which does not belong to you.
3.3 You may choose to share information about your experiences of events featured on the Site. You will be required to enter a username and a valid email address. Such users will be referred to in this Agreement as “User(s)”. If you choose to use the Site without becoming as a User, you will be referred to in this Agreement as a “Visitor”.
3.4 Users will receive communications from us for purposes relevant to providing the Services; these may include updates, announcements, notifications and messages from other Users and Members.
B. FOR COORDINATORS
3.5 After successfully registering as a Coordinator in accordance with this clause, you will be able to upload Content to your Coordinator Area. You will be able and required to moderate content uploaded by Users. All your activity on the Site will be subject to a set of Guidelines issued by us.
3.6 Under the current iteration, to register with the Site, you will receive the login details from the EHD Secretariat.
4. USE OF THE SITE, RIGHTS AND RESPONSIBILITIES
4.1 You agree that you rely on Content appearing on or sent to you via the Site at your own risk. We do not monitor or check such Content and cannot accept any responsibility for its nature, accuracy, quality, completeness or usefulness. This clause 4.1 applies notwithstanding the source of the Content, including where it is created, uploaded or sent by or on behalf of the Organisation.
4.2 We may at any time stop providing the Services, or apply limits or rules to your use of the Services, such as data storage limits, and such limits or rules may be modified without notice.
4.3 You agree not to use the Site in any way which:
4.3.1 breaches any applicable law or regulation;
4.3.2 breaches any copyright, trademark or other intellectual property rights, whether belonging to us or to any third party;
4.3.3 involves copying, downloading, publishing or distributing any Content for any purpose not authorised by these terms and conditions;
4.3.4 offers or uses any Content on the Site for sale, rental, public display or performance except and to the extent that you own such Content or have a licence to take such action in relation to it;
4.3.5 breaches or attempts to breach the security of the Site, whether intentionally or not (including but not limited to: modifying or attempting to modify any Information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way);
4.3.6 involves any ‘intelligent agent’ software, engine, harvesting bot, robot, spider, scraper or other device to search or navigate the Site or collect information from it;
4.3.7 violates the privacy or other personal rights of adults or minors (including the disclosure of any contact information of any person without their or their parent or guardian’s written permission);
4.3.8 is unlawful, abusive, threatening, harassing, obscene, defamatory, offensive, sexist, racist or discriminatory;
4.3.9 causes a nuisance, inconvenience or anxiety to any person;
4.3.10 impersonates another person, or misrepresents your title or connection with any person or entity;
4.3.11 deliberately or recklessly prejudices or risks harm to the reputation of the Organisation; or
4.3.12 is or appears to be promoting your own products or services or those of any third party.
4.4 In addition to clause 4.3, when using the site as a User, you agree:
4.4.1 not to post any Content that breaches clause 4.3, or which is sexually explicit (whether text or images), or relates to chain letters or pyramid schemes;
4.4.2 not to post or send any material which is unsolicited commercial email or spam, or advertisements or promotions for your own products or services or those of any third party;
4.4.3 that all Content you post to or send via the Site is entirely your responsibility; and
4.4.4 not to use or rely on the Site as a storage facility for your Content. You should keep back-up copies of all Content you post to the Site.
4.5 We reserve the right to, but are not obliged to, monitor any Content transmitted or received through our service. We may, at our sole discretion and without prior notice, at any time review, edit, remove, or otherwise block any Content posted or uploaded to the Site by you, or prevent you from accessing or using the Site or any part of the Site, whether temporarily or permanently. We do not have to give you a reason for doing or not doing this. We may immediately delete any Content from the Site which we consider to breach these terms and conditions or to be unacceptable for any reason.
4.6 We will not become involved in any disputes between Users. However, where you consider that any User’s actions or behaviour may be unlawful, harmful or disturbing, or may breach any of the rules in this clause, you should contact us so that we may, in our sole discretion, take such action as we consider necessary.
4.7 You agree to indemnify the Organisation in respect of any loss, damage, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site and our Services, any Content you upload to or transmit via the Site, and your breach of these Terms, whether or not you register with the Site.
COORDINATORS: ADDITIONAL RIGHTS AND RESPONSIBILITIES
5.1 You may only register as a Coordinator on behalf of a country or region if you are an authorised representative thereof. Authorisation, for the purposes of this clause, means that the government of that country or region, via an entity appointed or authorised by that government for the purpose, has confirmed that you represent that country or region for the purposes of this Agreement.
5.3 You are responsible for pre-moderating Content uploaded by Users to your Coordinator Area. You must not allow any Content to be posted which breaches either clauses 4.3 or 4.4 above, or the Guidelines.
5.4 You are responsible for all activity carried out within your Coordinator Area and under your login details. You must keep your registration details, and especially your password, secure and not disclose them to any other person. All registration information you provide must be true, accurate, current and complete, and you must keep it up-to-date.
5.5 You may not upload or display or allow to be displayed on pages any advertisements or sponsored Content from any source.
6. TERMINATION OF COORDINATOR ACCOUNTS
6.1 We may terminate your membership in the following circumstances:
6.1.1 without notice and at our discretion following a material or repeated breach of this Agreement, or due to the commission of a defamatory or criminal act or when bankruptcy proceedings are opened against the assets of a legal entity; or
6.1.2 if you, being a non-physical legal entity, lose your legal status or are dissolved or otherwise cease to exist.
6.2 You may terminate your Coordinator account upon giving us 30 days' notice.
6.3 If you terminate your Coordinator account, or if we terminate your account or prevent you from accessing the Site, you will no longer be able to log in to your Coordinator Area on the Site. We may delete any or all Content from that Coordinator Area and we will not be responsible for any consequences to you of such deletion.
7.1 The Site and all intellectual property belonging to or associated with the Organisation, including any trade mark or trade name, logos and software, and all Content on the Site (including, but without limitation, text, graphics, videos, music, sound, links, and software) is and remains at all times the property of the Organisation and/or is used under licence from its suppliers and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
7.2 Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any content in any way or on any medium (including other websites) without our prior written consent. Nor do we grant any express or implied right to you under any of our trademarks, copyrights or other proprietary rights.
7.3 Our logo and any other image on the Site which bears our name are trademarks of ours or our parent organisation(s). They may not be used without our prior written consent.
7.4 If you are a User or a Coordinator, all Content uploaded or otherwise sent, by any means, by you to the Site must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you own or have permission from the owners to use any information or content you upload or send in the manner and for the purposes that you upload or send it.
7.5 Additionally, if you are a Coordinator, you are responsible for ensuring that all Content uploaded or otherwise sent by Users to your Coordinator Area and approved for publication by you must not infringe any third party’s intellectual property or any other legal rights. You agree and warrant that you are responsible for ensuring that Users own or have permission from the owners to use any Content uploaded by them and approved by you in the manner and for the purposes that you upload or send it.
7.6 When you upload or send Content to or via the Site, either as a User or Coordinator, you grant the Organisation a worldwide, royalty-free, irrevocable, sub-licensable, non-exclusive licence to use, display, edit, update, transmit and publish that Content for the purposes of this Agreement and marketing and promotional purposes only. Subject to the foregoing, you will retain all existing intellectual property rights in such Content.
7.7 You agree that we shall have no liability of any kind in the event that a third party infringes any intellectual property rights in Content uploaded by you, whether or not we are notified of such infringement. We are not obliged to act to prevent such infringement, nor to assist you in any action you may take against any such third party.
8. LIABILITY AND WARRANTIES
8.1 The Organisation's liability for matters in relation to which liability by law cannot be excluded or limited shall not be excluded or limited and the rest of this clause 8 shall be subject to this proviso.
8.2 The Organisation provides the Site and the Services on an ‘as is’ and ‘as available’ basis. All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
8.3 The Organisation gives no warranties, conditions, guarantees or representations in relation to the Site or Services:
8.3.1 as to the completeness or accuracy of any advice, information or Content contained on or sent or received from the Site or any website to which it is linked;
8.3.2 of any particular result or outcome of using the Site or Service, or that either will meet your requirements;
8.3.3 that the Site, the Services, and content on the Site or the server that makes it available are error- or virus-free or free of other harmful components or that your use of the Site will be uninterrupted, timely, secure, or error-free. We will, however, endeavour to correct, where appropriate, any errors on the Site which are drawn to our attention.
8.4 You understand and acknowledge that material posted or transmitted by other Users or Coordinators is the sole responsibility of the person or entity from which such material originated. We exclude all liability for any illegality or damage arising from such material, or any errors, omissions or inaccuracies in such material.
8.5 The Site may contain technical inaccuracies and typographical errors. The content may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the content or Site up-to-date or liability for any failure to do so.
8.6 The Organisation excludes all liability for any loss, claim, expenses or damages whatsoever (including, without limitation, damages for loss of data or indirect, consequential or economic losses) directly or indirectly arising out of the use or inability to use the Site or Services. In addition, the Organisation excludes all liability for any content or material appearing on or sent from the Site, including without limitation, for 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, transmitted or otherwise made available via the Services. If you are dissatisfied with the Services or the Site or any content or materials on the Site, your sole remedy is to discontinue your use of the Site.
8.7 You agree to indemnify The Organisation against all claims, costs and expenses which The Organisation may incur and which arise, directly or indirectly, from your breach of any of your obligations under this Agreement, including without limitation any claims brought against The Organisation alleging that Content you supplied, uploaded to or transmitted via the Site infringes any intellectual property right of a third party.
8.8 While the Council of Europe and the European Commission have sponsored this communications platform through the European Heritage Days Programme, neither organisation is responsible in any way for any information or Content uploaded on this Site. The privileges given to the National Coordinators to manage materials on this site, includes the responsibility to do so in a way which is consistent with the practice outlined by the Council of Europe and the European Commission in the terms and conditions of use.
8.9 The information and Content contained on this Site are solely of a general nature and are not necessarily complete, exhaustive, accurate or up-to-date. Such information and Content may occasionally refer to external sites over which the Organisation, the Council of Europe and the European Commission have no control, and in respect of which those entities cannot accept any responsibility. For the avoidance of doubt, such information and Content do not constitute a legal or professional opinion of any kind.
8.10 Documents available on the Site are not guaranteed to faithfully reproduce any text officially adopted by the Council of Europe or European Commission, because they do not constitute an official publication.
9. DATA PROTECTION AND PRIVACY
9.2 You agree not to use the Portal or Services in a way which breaches the Data Protection legislation.
9.3 You understand that we may store or disclose personal information we hold of yours or content uploaded or sent by you, if required to do so by law or if we believe that such storage or disclosure is reasonably necessary to (I) comply with legal process; (ii) enforce this Agreement; (iii) investigate any claims of unlawful activity; or (iv) protect the rights, property, or personal safety of the Organisation, its users and the public.
9.4 When you connect to the Site, some information about you, such as your Internet digital address (IP), navigation around the Site, software used, time spent and other like data are stored on the europeanheritagedays.com servers. These items do not specifically identify you. The information is only put to internal use, for purposes of analysing the traffic on the Site, but we do not guarantee the security of, or accept any responsibility for, such information.
10. CONFIDENTIALITY (APPLICABLE TO COORDINATORS ONLY)
10.1. Neither party shall disclose to a third party nor use for any purpose other than to fulfil its obligations under this Agreement Confidential Information received from the other party in whatever form under or in connection with this Agreement without prior written permission. The parties may disclose such information to their employees, agents or subcontractors solely as required in the performance of their obligations under this Agreement.
10.2. In addition, the Coordinator shall keep in strict confidence all Confidential Information received from other Members in the course of any joint project or other collaboration which is carried out using or via the Site.
10.3. The obligation contained in clauses 10(1) and 10(2) above shall not apply to any such information which:
was in the public domain at the time of disclosure or later entered the public domain without breach of these confidentiality obligations;
was in the possession of the receiving party prior to disclosure;
the receiving party can show was received from a third party without breach of any confidentiality undertaking of the third party; or
can be shown to have been independently developed by the receiving party having no access to the information.
10.4 This clause 10 shall survive termination of the Contract.
11.1. No partnership or agency: Nothing in this Agreement shall (a) be deemed to constitute a partnership in law between the parties, (b) constitute either party the agent of the other for any purpose, or (c) entitle either party to commit or bind the other (or any member of its respective group) in any manner.
11.2. Severability: If any provision or part of this Agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining parts or provisions shall survive and continue to be binding and enforceable.
11.3. No waiver: Any failure by the Organisation to enforce any provision of these terms and conditions at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
11.4. Rights of Third Parties: Nothing in the Contracts (Rights of Third Parties) Act 1999 shall operate to give any third party the right to enforce any term of this Agreement.
11.5. Jurisdiction: These terms and conditions are to be governed by and construed in accordance with English law and any dispute or question in connection with them will be subject to the exclusive jurisdiction of the courts of England and Wales.