1. INTRODUCTION: DEFINITIONS, OBJECTO AND SCOPE.
These Conditions of Use regulate the access, navigation and use of the websites under the domain "committedobservatory.eu" (hereinafter, Website), as well as the liabilities derived from the use of their contents ("contents" hereinafter understood as the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions, information, and any other creation protected by national laws and international treaties on intellectual and industrial property).
User will be understood as the person who accesses, browses, uses or participates in the services and activities, free or paid, developed on the Website, whether or not they are registered on it.
In addition to these Conditions of Use, the centres that participate in the CoMMiTTEd Project may establish particular conditions that regulate the use and / or contracting of specific services offered to Users through the Website.
2. DATA TO IDENTIFY AND CONTACT THE OWNER.
Under Law 34/2002, of 11 July, concerning Services in the Information Society and Electronic Commerce, this Website is deemed to be the property of and be managed by the centres participating in the CoMMiTTEd Project (“Covid, Migrants and Minorities in Teacher Education: A Fake News Observatory to promote Critical Thinking and Digital Literacy in Times of Crisis”), listed below:
- UNIVERSITAET HAMBURG (UHAM), MITTELWEG 177, 20148 HAMBURG (Germany) http://www.uni-hamburg.de/, Telephone +4940428381813, +4940428389477 Fax +494042834040
- UNIVERSIDAD DE NAVARRA (UNAV), CAMPUS UNIVERSITARIO, EDIFICIO CENTRAL, 31080 PAMPLONA (Spain), https://www.unav.es, Telephone +34948176748, Fax+3494817522
- STICHTING KATHOLIEKE UNIVERSITEIT BRABANT (Tilburg University) WARANDELAAN 2, 5037 AB, TILBURG (Netherlands), www.tilburguniversity.nl, Telephone+31134669111.
- UNIVERSIDADE DE AVEIRO (UAVR), CAMPUS UNIVERSITÁRIO DE SANTIAGO, 3810-193 AVEIRO (Portugal), www.ua.pt, Telephone +351234370200, Fax+351234370089
The User agrees to contact firstname.lastname@example.org for any communication related to these Conditions of Use or access and use of the Website.
3. GENERAL CONDITIONS.
The headings of the different clauses are merely informative, and shall not affect, qualify or expand the interpretation of these Conditions of Use. Likewise, the centres that participate in the CoMMiTTEd Project may modify the terms and conditions stipulated herein, totally or partially, by publishing any change in the same form in which this document appears or through any type of communication addressed to users.
The User accepts that accessing or merely using the Website implies knowing and accepting the Conditions of Use, and if any, the particular conditions, which are published at the time of access or use on the Website itself, as well as any legal provision in force.
In the event of any discrepancy between the provisions herein and the particular conditions of each specific service on the Website, the provisions of the latter shall prevail.
Regardless of the provisions of the particular conditions that may be established, the centres that participate in the CoMMiTTEd Project may terminate, suspend or interrupt, at any time and without prior notice, access to all or part of the Website contents, with no possibility for the User to demand any compensation. After said termination or interruption, the prohibitions on the use of the contents set out in these Conditions of Use and in the particular conditions, if applicable, will remain in force.
If non-compliance with these Conditions of Use or the particular conditions is detected on the part of the User, the centres that participate in the CoMMiTTEd Project may suspend or cancel the User's access without prior notice, as well as their profile if they have one; such suspension or cancellation shall not be deemed as giving the User the right to any compensation.
The centres that participate in the CoMMiTTEd Project will inform and collaborate with the competent police and judicial authorities if they detect any infringement of the current legislation or suspect that any offence has been committed. In the event that any provision of these Conditions of Use is deemed null or unenforceable, totally or partially, by the competent authority, said nullity or non-application will not affect the other provisions of the Conditions of Use or the particular conditions of the different services provided by the centres that participate in the CoMMiTTEd Project through its Website.
The non-exercise or execution by the centers that participate in the CoMMiTTEd Project of any right or provision contained in these Conditions of Use will not constitute a waiver thereof.
All references to the User or Users for whom the generic masculine form is used in these Conditions of Use must be understood to apply indistinctly to women and men.
4. SERVICES PROVIDED BY THIRD PARTIES.
Through the Website, the centres that participate in the CoMMiTTEd Project will be able to enable third parties to advertise or provide their services. In these cases, the centres that participate in the CoMMiTTEd Project will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services, and, therefore, cannot be held liable for them. Before using and/or contracting said specific services, the User must carefully read the corresponding conditions created for this purpose by the aforementioned third entity. The use and/or contracting of said services implies acceptance of the conditions that regulate them.
The centers that participate in the CoMMiTTEd Project do not guarantee the legality, legality, content, scope and reliability of the services provided by third parties through their Website. The centres that participate in the CoMMiTTEd project will not be responsible for any damage or loss that may be incurred to Users or third parties when contracting or enjoying the services provided by third parties through this page.
In particular, the centres that participate in the CoMMiTTEd Project will not be liable for damages arising from:
• Failure to comply with the law, morality or public order.
• The incorporation of viruses or any other malicious computer code, file or program that may damage, interrupt or impede the normal operation of any software, hardware or telecommunications equipment.
• The infringement of intellectual and industrial property rights, disclosure of third-party know-how, unauthorized disclosure of business secrets, and those derived from any legal relationship to which the centres participating in the CoMMiTTEd Project are unrelated.
• Carrying out acts that constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition.
• The lack of veracity, accuracy, quality and timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible.
• Non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties.
5. ACCESS TO WEBSITE.
5.1. Conditions of access
Access to the Website by Users is free and open. However, some of the services and content offered by the centres that participate in the CoMMiTTEd Project or third parties through the Website may be subject to the prior contracting of the service or product and the payment of an amount of money in the manner determined in the corresponding Particular Conditions, in which case the latter will be made available to the User in a clear way.
The contracting of products and services through the Website by minors is prohibited, and they must duly and previously obtain the consent of their parents, guardians or legal representatives, who will be considered responsible for the acts carried out by the minors in their charge, in accordance with current legislation.
5.2. Users’ obligations
The User will use the contents of the Website in accordance with the Law and public order, refraining from using them for purposes or effects contrary to the Law, morality and good customs.
The User will refrain from reproducing or copying, distributing, performing any type of act of public communication by himself or by third parties through any medium or format, transforming or modifying the contents, unless he has the authorization of the owner or owners of the legitimate rights over them.
5.3. Channel of communication
The centres that participate in the CoMMiTTEd Project make available to Users a channel of contact through which they can communicate with them and inform them of the existence of any content that the User considers to be contrary to the law or to infringe the legitimate rights of third parties.
If the User becomes aware of any of the above circumstances, he must immediately inform the centres that participate in the CoMMiTTEd Project, preferably by means of an email to the address email@example.com, so that the content can be checked and, where appropriate, removed or disabled.
6. USE OF WEBSITE.
The contents included in the Website are provided only to consumers or end users. Any unauthorized commercial use of the same or their resale is prohibited, except with the prior written authorization of the centres participating in the CoMMiTTEd Project.
If for the use and/or contracting of a service on the Website, the User must proceed to a registration or login procedure, the User will be responsible for providing true, lawful information of which he is the exclusive owner. If as a result of the registration, the User is provided with a password, he/she agrees to make diligent use and to keep the password secret to access these services. Consequently, the User is responsible for the adequate custody and confidentiality of any password that is provided by the cenres that participate in the CoMMiTTEd Project, and undertakes not to assign its use to third parties, whether on a temporary or permanent basis, or to allow access to outsiders. It will be the User's responsibility if any third party uses a password that has been provided to the User for this purpose. By virtue of the foregoing, it is the User's obligation to immediately notify the centres that participate in the CoMMiTTEd Project of any misuse of passwords, as well as of their theft and loss.
Access, navigation and use of the Website is the responsibility of the User, for which reason the User undertakes to diligently and faithfully observe any additional instructions given by the centres that participate in the CoMMiTTEd Project or by their personnel regarding the use of the Website and its contents. Likewise, users are urged to communicate any fact of which they are aware that implies conduct contrary to the law or violates the rights of any third party, preferably by email to the address firstname.lastname@example.org.
It is not permitted to access or use the Website for illegal or unauthorized purposes, with or without profit, and therefore the consequences of doing so shall be the sole responsibility of the User. In particular, and without the following list being exclusive, it is prohibited:
1. To use Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
2. To use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files, or to publish or disseminate content that is protected by the legitimate rights of third parties; 3. To use the Website illegally, against good faith, morality or public order;
4. To register on the Website with a false identity, impersonating third parties or using a profile or taking any other action that may confuse other Users or the Website Owner about the User's identity;
5. To access without authorization any section of the Website, other systems or networks connected to the Website, the servers of the centres that participate in the CoMMiTTEd Project, or the services offered through the Website, through hacking techniques, use of a false identity or illegitimate use of credentials, extraction of passwords or any other illegitimate means;
6. To breach or attempt to breach the security or authentication measures of the Website or of any network, system or device connected to it, or the security or protection measures inherent to the content offered on the Website;
7. To altering or attempt to alter the contents of the Website without due authorization to do so.
8. To carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the centres that participate in the CoMMiTTEd Project, or in the systems and networks connected to the Website; or
9. To impede the normal development of an event, contest, promotion or any other activity available through the Website, or any of its affordances, either by altering or trying to alter, illegally or in any other way, access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that infringes or violates these Conditions of Use.
Failure to comply with any of the above obligations by the User may entail the adoption by the centres that participate in the CoMMiTTEd Project of the appropriate measures provided by Law and in the exercise of their rights or obligations, even if this should require the elimination or blocking of the account of the offending User, with no possibility of any compensation for the damages caused. The centres that participate in the CoMMiTTEd Project also reserve the right to initiate such legal action that they deem appropriate.
7. INSTRUMENTS OF PARTICIPATION.
The centres that participate in the CoMMiTTEd Project are not liable for the information and content stored in participation tools such as forums, chats, blogs, comments, social networks or any other means that allows Users or third parties to publish content on the Website. However, and in compliance with the provisions of art. 11 and 16 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI), the centres that participate in the CoMMiTTEd Project are at the disposal of all Users, authorities and security forces, and shall actively collaborate in the withdrawal or blocking of all those contents that could affect or contravene national or international legislation, the rights of third parties, or morality and public order.
In the event that a User considers that there is any content on the Website that could be subject to this classification, please notify the centres participating in the CoMMiTTEd project, preferably by email to the address committed@unav.
The centres that participate in the CoMMiTTEd Project expressly reserve the possibility of interrupting at any time and without prior notice, temporarily or permanently, the services referred to in this section.
8. USER GENERATED CONTENTS.
In the event that the User sends or publishes content of any kind on the Website, the User declares that he does so freely, that said content does not infringe intellectual or industrial property rights, trademarks, patents, trade secrets, or any other right that a third party may hold, nor in any way contravenes national or international legislation, morality, or public order. The centres that participate in the CoMMiTTEd Project may at any time and without any liability or compensation to the User, suspend, block, limit access or eliminate the content published by the User should they become aware that the User has committed an infringement of the nature mentioned heretofore, or if they consider that said content encourages any type of discrimination or contravenes good customs or generally accepted social norms.
The publication or submission for publication of content matter on the Website implies granting to the centres that participate in the CoMMiTTEd Project an indefinite, free, irrevocable and non-exclusive license to reproduce, publish, adapt, modify and distribute such content. Said license is granted in order to allow the adaptation of the content to the requirements and technical characteristics of the Website and its graphic interfaces and the display of said content on said Website, as well as in other activities that the centres participating in the COMMiTTEd Project may undertake.
The User acknowledges that he or she is liable and will hold the centres that participate in the CoMMiTTEd Project harmless for any damage derived from any content that he or she provides personally or that a third party provides using the User's credentials.
In the event that the contents sent by the User contain images, videos, voice, or other personal data belonging to third parties, the User declares, guarantees and accepts, in addition:
• That he or she is legal age for legal purposes.
• That he or she is the author or owner of the copyright on said production and that he or she has the right to send it and that it does not infringe any intellectual or industrial property rights.
• That he or she has informed the people who appear in said contents that the images, videos, voice recordings or other personal data have been made and will be published on the Website, that he or she has obtained their consent and, if minors appear, that the aforementioned consent has been given in writing by their legal representatives, parents or guardians, and that he or she shall prove it at any time that it may be required.
• That he or she has informed the people who appear in said contents or their legal representatives, in the case of minors, of their rights regarding the protection of personal data.
The User acknowledges full liability for the above and shall hold the centres that participate in the CoMMiTTEd Project harmless for all loss or damage that his conduct, intentional or negligent, may cause said centres through such breach.
In all cases, the centres that participate in the CoMMiTTEd Project, at their choice and without any justification, reserve the right to publish or not the content provided by the User.
9. RESPONSIBILITIES AND WARRANTIES.
The centres that participate in the CoMMiTTEd Project declare that they adopt reasonable measures, in accordance with the available technology and its possibilities, to ensure the correct functioning of the Website and prevent the existence and transmission to Users and third parties of viruses or other harmful components. However, they cannot fully guarantee the invulnerability of the Website and therefore are not responsible for the following:
• The permanent availability of the Website or its proper functioning.
• The continuity of the Website’s contents.
• Such damages that may occur to Users or third parties, including their devices and the information they may contain, due to viruses or other harmful components that may affect the Website or the servers that host it, or be transmitted by them.
• Any damage or loss incurred to Users or third parties in the event of violation of the Website's security systems.
• Damages or losses that may be caused by any person who infringes the Conditions of Use or the particular conditions that the centres that participate in the CoMMiTTEd Project have stipulated for accessing and using the Website.
The absence of errors in the content cannot be fully guaranteed.
If the User becomes aware of the existence of any illicit, illegal content, that is contrary to the law or that could imply an infringement of the rights of third parties, he must notify the owner entity as soon as possible so that it can proceed to adopt the opportune measures in a timely manner.
The centres that participate in the CoMMiTTEd Project shall not be liable for the veracity, integrity or updating of the information published on the Website from sources outside the same, or for those contained in other platforms to which it is linked from the Website. Nor shall they assume any liability for hypothetical damages that may arise from the use of the aforementioned information.
10.1. Links to other webpages and social networks (links).
The centres that participate in the CoMMiTTEd Project may include buttons, links, banners, etc. on the Website that redirect to other web pages, called links. All these elements are managed by third parties and the centres that participate in the CoMMiTTEd Project do not assume any liability for such links, the third party being responsible for their content and any goods or services that may be offered through such pages.
The centres that participate in the CoMMiTTEd project do not have the human or technical means to previously know, control or approve all the information, content, products or services provided by other platforms to which links can be established from the Website. Consequently, the centres that participate in the CoMMiTTEd Project will not be able to assume any responsibility for any aspect related to the platform or web page to which a link could be established from the Website, specifically, by way of example, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if users have effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality and/or public order, they must immediately notify the Owner in order to proceed to disable the links to access them, an action that will be carried out in the shortest possible time.
The establishment of any type of link from the Website to another web page does not imply that there is any type of relationship, collaboration or dependence between the centres that participate in the CoMMiTTEd Project and the owner of said page.
The centres that participate in the CoMMiTTEd Project make available to Users, through different tools and applications, links that allow users to access the channels and pages of the Website maintained on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, YouTube, etc.). The sole purpose of including these links on the Website is to provide Users with access to these channels on different platforms and in social networks. The establishment of these applications does not imply the existence of any relationship between the centres that participate in the CoMMiTTEd Project and the owner, manufacturer or distributor of the linked platform, nor does it imply the acceptance and approval by the owner of the Web of its contents and/or services, the owner, manufacturer or distributor having sole responsibility for them.
In no case do the centres that participate in the CoMMiTTEd Project share any type of private information about their Users with Facebook, Twitter, or with any other social network that might be incorporated in the future. In this sense, all the information that the User wishes to provide to these platforms will be at their own risk. Given that the centres that participate in the CoMMiTTEd Project have no control over the content hosted on said channels, the User acknowledges and accepts that said centres do not assume any responsibility for the content or for the services that the User can access on said pages, or for any content, products, services, advertising, or any other material available in them.
10.2. Links to the Website from other webpages.
If any entity or User wishes to establish some type of link to the Website, they must observe the following rules.
• The link must be absolute and complete, that is, it must take the User, by means of a click, to the URL of the Website.
• The centres that participate in the CoMMiTTEd Project do not authorize the establishment of a link to the Website from those web pages that do not respect the Law, or that promote discrimination of any kind, or that have content that contravenes morality, public order, good manners or generally accepted social norms.
• The centres that participate in the CoMMiTTEd Project do not assume any type of responsibility for any aspect related to any webpage that has established a link to the project Website, or to the entity that owns it; specifically and not exclusively, the centres that participate in the CoMMiTTEd Project are not liable for the access, data, information, or files of such website, nor for the quality and reliability of its products and services, its own links and/or any of its contents.
• The centres that participate in the CoMMiTTEd Project may require the immediate withdrawal, without any justification, of a third party that establishes a link to a page of the Website on its website which, in their opinion, does not comply with the previous sections.
• It is not allowed to create a browser or a border environment on the sections of the Website, nor can the Website be modified in any other way.
• It is not permitted to make false or inaccurate or incorrect statements or indications on the Website and/or, in particular, declare or imply that the centres participating in the CoMMiTTEd Project have authorized the link or that they have supervised or assumed in any way the content or services offered or made available to users by third parties.
11. APPLICABLE LAW AND JURISDICTION
The relations established between the centres that participate in the CoMMiTTEd Project and the User will be governed by the provisions of the provincial civil legislation of Navarra, Spain (New Law) and in a subsidiary manny by the rest of the provincial or common legislation that may be applicable, unless the specific legislation on consumers and users expressly prohibits it.
Regarding jurisdiction, the centres that participate in the CoMMiTTEd Project and the User will respect what is provided in the rules that regulate jurisdictional competence. In the cases in which said regulations provide the possibility for the parties to submit and choose a jurisdiction, the centres that participate in the CoMMiTTEd Project and the User, expressly waiving any other jurisdiction that may correspond to them, shall submit to the Courts of the city of Pamplona.
This project has received funding from the European Union under Contract number: LC-01464044. This website reflects the views only of the independent Consortium, and the Commission cannot be held responsible for any use which may be made of the information contained herein.