ENCORE+ (“we”, “us”, “our”) is pleased to provide you with access to its websites www.encoreproject.eu (the “Websites”). Your access to and use of the Websites as well as all of the Websites’ content is subject to the terms and conditions set out below (the “Terms”).
We ask that you read the below Terms carefully before using the Websites. By visiting or using any of the Websites you agree that you will be bound by these Terms.
We may revise these Terms from time to time at our sole discretion. Please check this page regularly to take notice of any changes we may have made, as your use of the Websites will be subject to the version of the Terms posted on the Websites at the time of such visit. Your continuing use of the Websites will amount to your continuing acceptance of these Terms and any Terms implemented subsequently.
All references to the Websites hereunder include not just the traditional website accessible from a personal computer but also any so-called “apps” or other programs which allow you to access some or all of the Websites.
1. Accessing and Using the Websites
- You hereby agree to access and use the Websites and all the material or content appearing on the Websites (including without limitation text, images, logos, audio and/or audio-visual clips and/or recordings, digital downloads, data and software) (the “Content”) in accordance with these Terms.
- We do not guarantee that the Websites, or any Content, will always be available or be uninterrupted, free from errors or omissions. Access to the Websites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Websites without notice, including without limitation so as to provide for repairs, maintenance or upgrades or to provide new functions. We will not be liable to you if for any reason the Websites are unavailable at any time or for any period.
- Your access to the Websites is limited to personal and non-commercial use of the Websites and expressly excludes (a) any downloading (other than limited or semi-permanent page-caching) of the Websites (or the Content); (b) any sale, resale or commercial use or exploitation of the Websites (or the Content) or our products; (c) any copying, reproduction, duplication, modification, editing or derivative use of the Websites (or the Content); (d) any use of data collection, gathering and/or extraction tools or similar; and (e) any use (including framing and use of so-called “meta-tags” or similar) of any name, trade mark, logo, copyrighted work or other intellectual property or similar utilised or reproduced as part of the Websites (or the Content).
- You are responsible for: (a) making all arrangements necessary for you to have access to the Websites; (b) ensuring that all persons who access the Websites through your internet connection are aware of these Terms and that they comply with them; and (c) all electronic communications and content sent from your computer (or any other computer you use to access the Websites) to us
- You must not use the Websites (or the Content) in any way that: (a) is (or utilises material which is) unlawful, fraudulent, objectionable, offensive, abusive, indecent, defamatory, obscene or menacing; (b) causes, or is likely to cause, the Websites or their access to be interrupted, damaged or impaired in any way; (c) infringes the copyright, trade mark, confidence, privacy or any other right or intellectual property of any third party; (d) utilises (or may put the Websites at risk of) viruses, so-called “Trojans” or other material which is malicious or technologically harmful; (e) amounts to political campaigning, commercial solicitation or so-called “spamming”; or (f) does or is likely to cause annoyance, inconvenience or anxiety. You must not attempt to gain unauthorised access to our Websites, the server on which our Websites are stored or any server, computer or database connected to our Websites.
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us or any other user of the Websites as to the origin of any content.
- You agree that when using the Websites you will not and you will not assist anyone to: (a) subject the Websites or the Content to any derogatory treatment or use them in such a way that would bring us into disrepute, or cause us to incur liability to any third party; (b) reverse engineer, de-compile, disassemble, adapt, modify, copy, reproduce, lend, hire, sub-license, create derivative works from, broadcast, distribute, commercially exploit or transmit in any other way the Websites or any Content except as permitted in these Terms; (c) directly or indirectly charge others for accessing any Content or commercialise or attempt to re-sell such Content in any way; and (d) directly or indirectly suggest any endorsement or approval by us of a product or service or any entity other than us, or product or content or any belief or opinion expressed within a product or service.
- If you breach of the foregoing provisions (unless authorised by us in writing in our sole discretion and without prejudice to our other rights herein or at law), your right to use our Websites will cease immediately.
2. Your Account
- You are responsible for ensuring that your account details, password or any other piece of information as part of our security procedures remain confidential and are not disclosed to any third party. You are required to take all necessary steps to ensure that such information is secure and safe and you shall restrict access to your computer (or any other computer you use to access the Websites) to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.
- In the event that your password is obtained by a third party or you have any reason to believe that your password has become or is likely to become known to a third party, or if your password is being, or is likely to be, used in an unauthorised manner, it is your responsibility to inform us of this immediately.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- Where you open an account on behalf of a company or other entity then all references to “you” hereunder includes that company or entity and you warrant and represent that you are authorised to grant all rights referred to in these Terms on behalf of that company or entity and bind that company
3. Use of Personal Data
- For the purpose of the General Data Protection Regulation (GDPR) we will act as the data controller in respect of any personal information provided to or gathered by us from your use of or access to the Websites (“Personal Information”). The Personal Information that we may gather and how we use it are described in our Privacy Notice, which we may update from time to time.
4. User-generated content
- We reserve the right (but not the obligation) to remove and/or edit any content contained on the Websites including without limitation any user-generated content.
- Any content you upload to the Websites will be considered non-confidential and non-proprietary. Whilst you retain all of your ownership in respect of such user-generated content you post or upload to the Websites (“Your Content”), you grant us (and any party on our behalf) on a royalty-free, irrevocable and fully sub-licensable basis the right (but not obligation) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the same (and the name you use in connection with the same) throughout the world in any media until your account is permanently removed and after that for so long as we deem reasonable for back-up, audit and archival purposes.
- If you decide to close your account then Your Content will remain on our Websites until such time as you have deleted the same or have notified us that you wish for Your Content to be deleted. We will use reasonable endeavours to remove any of Your Content that you ask us to remove upon notification to us. We reserve the right, after you have closed your account, to continue to use any information you have provided to us.
- You hereby irrevocably and unconditionally waive any and all moral and like rights that you have in Your Content and agree that you will not make any claim against us or any party authorised by us to utilise the same based on moral or like rights. You agree at our request (but your cost) to perform all further acts (including executing documents) as are necessary to give effect to the foregoing.
- We also have the right to disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Websites. You warrant and represent that: (a) you are the sole and exclusive owner of Your Content and are free to grant the rights set out at clause 4.2 above to us in respect of the same; (b) Your Content is original and its use on the Websites will not put you in breach of any clause herein; (d) Your Content is accurate as at the date of first use and any subsequent use thereof; and (e) all statements in Your Content purporting to be facts are true and that Your Content does not and will not contain any statement, information, advice, instruction, recipe or formula which, if the reader or other user were to act upon it, could cause illness, injury or damage. You hereby indemnify us in respect of any breach by you of the foregoing. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5. Ownership of materials
- All right, title and interest in the Websites and the Content (excluding your Content) is and shall remain our sole property or that of our licensors. You do not acquire any ownership rights in the Websites or the Content.
- In accordance with clause 1 above you may not reproduce, extract or otherwise utilise any of the Content other than as expressly provided in clause 1 and you may not create, compile or utilise any database containing the Content.
- In the event that you believe your or any third party’s intellectual property rights have been infringed by the Websites please contact us immediately via firstname.lastname@example.org and we will use our reasonable endeavours to assist you in dealing with the same.
- We only contract with people of 18 years of age or older. People under the age of 18 may use the Websites but only with the supervision of a parent or guardian.
- Where the Websites contain links to third party websites, whether posted by us or our users, we are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products or content of such third parties or their websites and will not be liable for any loss or damage that may arise from your use of them.
- We will communicate with you by e-mail or by posting notices on the Websites. You consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- We do not guarantee that our Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms in order to access our Websites. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or to your downloading of any content on them, or on any website linked to them.
- Although we make reasonable efforts to update the information on our Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Websites is accurate, complete or up-to-date.
- Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by German law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Websites or the Content, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Websites or use of or reliance on any Content displayed on our Websites.
- If you are a business user, we will not be responsible for any loss of profit, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any other indirect or consequential loss. If you are a consumer user, please note that we only provide our Websites for domestic and private use. You agree not to use our Websites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If any part of these Terms is found to be invalid, illegal or unenforceable then that part shall be deemed deleted from these Terms. Such deletion shall not affect the validity, legality or enforceability of the remainder of these Terms.
- We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This clause does not affect your statutory rights.
- We reserve the right to make changes to the Websites and these Terms at any time in our sole discretion. As stated above, you will be subject to the Terms in force at the time that you use the Websites unless any change to these Terms is required to be made by law or government authority (in which case it will apply retrospectively as relevant). Your continued use of the Websites after any changes aforesaid shall be deemed your acceptance thereof.
- A failure or delay by us to enforce any of our rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
- These Terms and any rights granted to you hereunder may not be assigned or transferred by you but we may assign or transfer these Terms and any rights granted to us hereunder as we see fit.
- Email is the best and most efficient way of contacting us so if you wish to write to us please send all emails to email@example.com.
- These Terms and any contracts between us and you created through the Websites shall be governed by European Union law, complemented where necessary by the laws of Norway shall have exclusive jurisdiction to determine all matters arising hereunder.