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This page contains the terms applicable to Users of this website who contribute Content and Metadata to the digital collection Outcast Europe. As a User, you should be aware that Inter Alia strives to make all Content and Metadata available for re-use with a minimum of restrictions, but with respect towards the people who share migratory and refugee experiences. As part of this policy, these Terms for Contributions establish that all Content and Metadata contributed to the Outcast Europe website by Users will be made available on this website under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. This means that, when Users contribute Content and Metadata to the digital collection Outcast Europe, they irrevocably grant Third Parties the right to freely re-use that Content and Metadata for non-commercial, research and educational purposes, as long as they attribute the work to the author and share alterations of that Content under the conditions of the license. If you do not agree with these terms, please do not contribute Content and/or Metadata to the digital collection Outcast Europe. These Terms for Contributions determine the aspects of the relationship between Users who contribute Content and Metadata to Inter Alia. By providing Content and/or Metadata for the digital collection Outcast Europe, Users indicate acceptance of these terms and conditions.

Article 1: Definitions

In these Terms for Contributions, the following terms have an initial capital letter. These terms are defined as follows:

  • Content: All material made available and accessible by Users to Visitors through the Service, including but not limited to photos, images and/or texts.
  • Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0): Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license as published at: https://creativecommons.org/licenses/by-nc-sa/4.0/.
  • Email Address: The Email Address provided by a User when providing Content and/or Metadata, or the Email Address provided by a User to replace this Email Address.
  • Intellectual Property Rights: Intellectual Property Rights, including but not limited to copyrights, related (or neighbouring) rights and database rights.
  • Inter Alia: Civic non-profit organisation (established in Athens, Greece), and operating, among others, the website: http://outcasteurope.eu/.
  • Metadata: All descriptive Metadata, including but not limited to descriptions, stories, information and tags that refer to Content, or to a physical or digital object that is otherwise the subject of the Website.
  • Outcast Europe Project: European project, co-funded by the programme Europe for Citizens of the European Union, and implemented by the non-profit organisations: Inter Alia (project leader), Uspelite (project partner), International Organisation for Migration Hungary (project partner), Youth Alliance Krusevo (project partner), Organisation for Aid to Refugees (project partner), and Vojvodina Civic Center (project partner): http://archive.outcasteurope.eu/.
  • Public Domain: Content not protected by Intellectual Property Rights and/or subject to a waiver of Intellectual Property Rights.
  • Report: A report of the presence of Content and/or Metadata on the Website that infringes Intellectual Property Rights and/or other rights of Third Parties.
  • Service: The service rendered by Inter Alia to enable Users to contribute Content and/or Metadata to the Outcast Europe website.
  • Terms for Contributions: This document.
  • Third Party: Any natural or legal person who is not party to this agreement.
  • User: Any natural or legal person who uses the Service.
  • Visitor: Any natural or legal person who visits the Outcast Europe website, including Users when they are not using the Service.
  • Website: The Outcast Europe website and associated databases operated by Inter Alia, including but not limited to http://outcasteurope.eu/, and all sub-domains.
Article 2: Applicability
  1. These Terms for Contributions apply to Users when they are using the Service. They do not apply to Visitors. These Terms of Use apply to Visitors, including Users in their capacity as Visitors.
  2. Inter Alia is entitled at all times to amend or supplement these terms. In such an event, the amended Terms for Contributions will be sent to the Users’ Email Addresses. If the Users continue using the Service after the amended or supplemented Terms for Contributions have been sent to their Email Addresses, they thereby irrevocably accept such conditions. If the Users do not agree to the amended or supplemented terms, they must refrain from using the Service. The applicable Terms for Contributions are available on the Website at all times.
Article 3: The Service
  1. Inter Alia uses Third Party services in order to provide the Service.
  2. The Users accept that the Service only contains the functionality and other features found by them when using the Service. The Service is, therefore, delivered ‘as is’. Inter Alia expressly excludes explicit and tacit guarantees, undertakings and warranties of any nature whatsoever, including but not limited to guarantees, promises and warranties with respect to the quality, safety, availability, lawfulness, integrity and correctness of the Service.
  3. Inter Alia does not guarantee that the Website and/or the Service will at all times be accessible without interruptions or failures. Failures in the Website and/or the Service may occur as a result of, amongst other things, failures in internet or telephone connections or because of viruses or faults/defects. Inter Alia is in no way responsible or liable for compensating the Users for any damage or loss arising from or as a result of the Website and/or the Service being unavailable or temporarily unavailable, or in case of a breakdown of the Website and/or the Service.
  4. Inter Alia is entitled, without any prior notice being required and without being liable to compensate the Users, to close down or to temporarily close down the Website and/or the Service and/or to limit the use of it, if it considers this necessary, for instance in connection with any reasonably necessary maintenance of the Website and/or the Service.
  5. Inter Alia is entitled, without any prior announcement being required, to make procedural and technical changes and/or improvements to the Website and/or the Service.
Article 4: Use of Content by Inter Alia
  1. All Content that is protected by Intellectual Property Rights contributed by the Users to the Website will be made available by Inter Alia to Third Parties under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) licence. Content that is in the Public Domain will also be made available under the terms of the same license due to respect towards the people who share migratory and refugee experiences.
  2. If the Users are the proprietors of the Intellectual Property Rights of the Content contributed by them, they hereby authorise Inter Alia to perform Article 4.1 with respect to that Content. If the Users are not the proprietors of the Intellectual Property Rights of the Content contributed by them, they guarantee that either they are authorised by the proprietor(s) of the Intellectual Property Rights of this Content to authorise Inter Alia to perform Article 4.1 with respect to that Content; or the Content is Public Domain.
  3. If required and in addition to the rights granted under Article 4.2 in conjunction with Article 4.1, the Users grant Inter Alia a free, unencumbered, worldwide, non-exclusive licence for the use, reproduction, distribution and communication of the Content, and for making the Content publicly available, to the extent that this is necessary for the Service to be provided.
  4. The licence referred to in Article 4.3 ends once Inter Alia removes / or the Users ask Inter Alia to remove the relevant Content from the Website, except for the situation where and in as far as the Content has to remain published on the Website for the dissemination and communication of the results of Outcast Europe Project, as well as for its monitoring and reporting, as required in the context of all co-funded programmes of the European Union.
  5. Although the Website will indicate that use by Third Parties of the Content contributed by the Users is governed by the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) licence, the Users acknowledge and accept that Inter Alia is not responsible and/or liable for compliance by Visitors with this licence.
Article 5: Use of Metadata by Inter Alia
  1. All Metadata contributed by the Users to the Website will be made available by Inter Alia to Third Parties under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license, due to respect towards the people who share migratory and refugee experiences.
  2. If the Users are the proprietors of the Intellectual Property Rights of the Metadata contributed by them, they hereby authorise Inter Alia to perform Article 5.1 with respect to that Metadata. If the Users are not the proprietors of the Intellectual Property Rights of the Metadata contributed by them, they guarantee that either: they are authorised by the proprietor(s) of the Intellectual Property Rights of this Metadata to authorise Inter Alia to perform Article 5.1 with respect to the Metadata; or the Metadata are Public Domain.
Article 6: Unlawful Use of the Service
  1. The Users are aware of and accept that Inter Alia has knowledge of the Content and Metadata that are made available through the Service. Inter Alia does verify, inspect and/or edit the wording of this Content and Metadata. However, the Users are also fully responsible and liable for any acts they perform with the help of the Service, in particular with regard to the provision of Content and/or Metadata.
  2. The Users guarantee that they will not distribute through the Website any Content or Metadata:
    • that infringes rights of Inter Alia or Third Parties, including but not limited to Intellectual Property Rights or rights relating to the protection of privacy;
    • that discriminates on the grounds of and/or is offensive in respect of appearance, race, religion, sex, culture, or origin;
    • that incites violence against and/or harassment of other person(s);
    • that leads to or is the result of exploitation or abuse of others;
    • that is pornographic or that contains a link to pornographic material or pornographic websites;
    • in which personal data of minors are requested and/or in which personal data of others are made available;
    • that promotes or facilitates the committing of illegal activities;
    • that involves chain letters, junk mail or spam and/or that requests passwords or other information traceable to individuals for commercial or illegal purposes, or which envisages other commercial purposes;
    • that contains viruses, Trojan horses, worms, bots or other software that may damage automated work or data, render it unusable or inaccessible, delete or appropriate it, or that is intended to circumvent technical protection measures of the Website and/or Inter Alia’s computer systems;
    • that is in violation of any applicable legislation and regulations;
    • that is in violation of any of the other provisions of these Terms for Contributions.
  3. The Users indemnify Inter Alia against Third-Party claims that are based on the statement that Content and/or Metadata provided by the Users with the help of the Service in some way infringes the rights of Third Parties and/or is unlawful in any other way.
  4. Without being required to give notice or without being liable for compensation, and without prejudice to the right of Inter Alia’s right to take further legal action, Inter Alia reserves the right to remove Content and/or Metadata if it considers there are grounds for doing so, in particular in, but not limited to, cases in which, in the opinion of Inter Alia, the Users breach the provisions of this Article or any other provision of these Terms for Contributions.
  5. If the Users are of the opinion that Content and/or Metadata distributed with the help of the Service is unlawful, they can Report this. Such a Report to Inter Alia can be made by emailing info@interaliaproject.com.
Article 7: Privacy
  1. In connection with the Service, the Users will provide Inter Alia with personal data as defined in the GDPR. Inter Alia will only process and use these personal data where necessary in connection with the Service, and it will not supply these personal data to Third Parties in any manner whatsoever, unless it is legally obliged to do so.
  2. The Users understand and acknowledge that their names provided by them will be displayed in connection with the Content and/or Metadata, and that other personal data will be disclosed.
Article 8: Liability
  1. Inter Alia assumes no liability for damage or loss as a result of any failure in fulfilment of the provision of the Service, including but not limited to damage or loss arising from or relating to the use of the Website and/or any impossibility of using it, or as a result of any unlawful act or otherwise, unless this exclusion of liability is not allowed under mandatory provisions of law.
  2. Inter Alia assumes no liability for the substance of the Content and/or Metadata, nor, therefore, for damage or loss to Users or other Third Parties that arises from any unlawful substance of the Content and/or Metadata.
  3. The Users indemnify Inter Alia against all Third-Party claims on any grounds whatsoever that relate to the compensation of damage, loss, costs or interest, in connection with or arising from their use of the Service and/or any breach of these Terms for Contributions and/or any other rights of Third Parties.
  4. This restriction of liability does not, however, intend to exclude the liability of Inter Alia for intent and/or wilful recklessness by Inter Alia (“own actions”).
  5. The only action the Users may take if they are of the opinion that they have sustained any damage or loss is to cease using the Service.
Article 9: Duration and Termination
  1. The Users are entitled to cease using the Service at any time.
  2. Inter Alia is at all times entitled to terminate and/or suspend the availability of the Service to the Users, if it considers there are grounds for doing so, without creating any liability on its part towards them.
Article 10: Miscellaneous, Applicable Law and Competent Court
  1. These Terms for Contributions and the use of the Service are governed by the laws of Greece.
  2. Where national or international rules of law do not contain mandatory provisions to the contrary, all disputes between the Users and Inter Alia will, at the discretion of the party serving a summons or the party making an application, be brought before the competent court in the district of their place of residence or place of business, or before another court that is competent pursuant to national or international rules of law.
  3. Should any provision of these Terms for Contributions be or become invalid, the Users and Inter Alia will remain bound to the remaining provisions. Inter Alia will replace the invalid provision by a valid provision, in accordance with the object and purport of these terms, in such a way that the new provision differs as little as possible from the invalid provisions.
Updates

Terms for Contributions were last updated on 29 June 2021.

If you have any questions or suggestions on how to improve the information on this page, please contact Inter Alia by emailing info@interaliaproject.com.

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