Terms and Conditions
The ArchiV Science Video Web-Portal allows its users to share their insights, perspectives, and views on research and development in a range of science, technology, engineering, and medical topics.
The portal is for education, opinion shaping and networking.
These conditions lay down the principles of using accounts for individual users (hereinafter referred to as the “users”) on the ArchiVweb Portal and constitute terms of electronic service provision as defined by the law governing the electronic provision of services.
The owner of the ArchiVscientific videos web-portal, hereinafter referred to as the “Administrator” or "Service Provider".
The ArchiV contains elements of a social networking site, i.e. blogs, discussion space and a system of comments as well as other tools intended for the sharing of information, opinions and observations related to the user’s interests and content available on the internet, in particular content made available by users via ArchiV.
The terms used in these conditions have the following meaning:
- a) Comment (also referred to as “Post”): basic form of expression for users on the portal as part of the latter’s system including discussion pages. Comments allow users to share their thoughts, views, and opinion, by expressing them as text and/or using multimedia(including links to files), with other users.
- b) User account: websites allocated to a user registered in the portal where information concerning that user is stored and displayed.
- c) Content: all texts, information, articles, studies, comments, images, graphics, multimedia materials (including files) and software as well as other content placed in the electronic format by the administrator on the administrator’s server for publication (within the scope permitted under the law and the rules) on the portal – including both in the form of a link and of a file (including, in particular, in the form of an embedded object or a hosted file).
- d) Advertising Materials: materials containing advertising/marketing content supplied by marketing partners.
- e) Abuse: all actions performed by the user that are contrary to the law, to these conditions or to accepted principles of morality.
- f) Unauthorised Access: when a user uses an account that does not own, i.e. uses another person’s access credentials or any of the portal’s resources without being authorised to doso.
- g) Embedded object: content/material in the form of an object embedded in the code of the portal’s sites by the administrator/user (in a Comment/Post). These objects include particular images, graphics, video, flash, Java objects etc.
- h) Marketing partner: an entity collaborating with the administrator, whoseadvertising/marketing materials may be published in the portal or included in messages sent to users.
- i) Hosted file: content/material in the form of a file uploaded to the administratorserver by the host.
- j) Portal: a group of websites located in a specific domain belonging to the service provider, constituting the administrator’s property, allowing for instance the placement of materials and posts (discussion pages) on the said portal in order to publish them on the internet and make them available to other users.
- k) Conditions: this document in the currently applicable version, to be found at https://archive.media/terms, constituting terms of electronic service provision as defined by the law governing the electronic provision of services.
- l) User profile: all information concerning the user, including content concerning the account, which the administrator stores and permanently registers in its IT system.
- m) User/Registered user: any person with a basic education / knowledge in STEM who gets registered to the portal (by entering suitable data required in the registration form using the electronic means available in the Portal, with a unique password protected username). Only such registered users may browse the portal content and publish comments/posts.
- n) Comment / post: any thought by a user on the content published on the portal. All comments will be moderated by the administrator before getting published.
The ArchiV portal may be used provided that the user consents to the provisions of the terms and conditions of usage. Herewith that the videos/recordings from webinars, conferences, meetings and panel discussions can be accessed without any restriction under the current educational use provisions in the copyright act subject to the following:
- a) only make the recording available for registered users of Archiv.
- b) ensure that no further copies/downloads can be made.
- c) the purpose of the use is non-commercial. The material, methods in the content is for the educational purposes only and is not a substitute for professional advice nor endorsing any products, technologies therewith.
The rights granted to the user in these terms are subject to the following restrictions:
- a) except as otherwise authorized, the user shall not license, sell, re-sell, lease, transfer, assign, distribute, exchange, host, or by any other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, deep-link, transmit or retransmit, make any derivative works of, or otherwise commercially exploit any (i) content, (ii) services, or (iii) the information of users available on the website; whether in whole or in part.
- b) The user shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website.
- c) The user shall not access the websiteor its content in order to build a similar or competitive website or product.
Under the principles laid downthe user may in particular:
- a) browse through the site, including the files placed in the portal by the administrator.
- b) comment on and evaluate files placed in the portal by the administrator.
- c) publish, on other sites, on discussion forums or on any other webpages, and distribute viaInternet in any other way (e.g. via e-mail or communicators) links to individual webpages operating as part of the site, including links to individual files, provided that this does not infringe the relevant rules applicable in those places or accepted principles followed by the relevant network community.
By registering and activating the account, the user consent to the processing of the e-mail address stated during registration for marketing and information purposes, and in particular consents to the obtaining of messages or information from the administrator or other entities, products and services (with the administrator’s knowledge and express consent). This consent is the condition for setting up and activating the account and relates to the obtaining of the information or messages indicated above via e-mail to the e-mail address stated during registration (or changed by the user later to a different one in the profile), including in the form of an e-mail attachment. Withdrawal of such consent shall be equivalent to a request to remove the user account together. Consent is withdrawn by submitting an instruction to remove the account, in accordance with the principles described in the T&C.
The portal, despite all efforts to maintain a high level in terms of content, shall not be responsible for the following:
- a) user’s statements or conclusions or views published / mentioned in the video recordings on the site and the content of the files uploaded. The author of the relevant statement shall be exclusively responsible for it.
- b) damage caused by user’s as a result of inappropriate use of the portal.
- c) medical / scientific / professional / personal decisions made based on materials on the site.
Only the person making the decision shall be responsible in that respect and user must not use the materials published on the site as a basis for any decisions.
The user shall be responsible for all actions related to the password and obliged to keep it strictly confidential. The administrator considers the utmost importance to the users experience but the portal shall not be responsible for problems with site functioning arising as a result of unforeseeable events or ones that the user could not prevent, for theinterruptions in service provision resulting from technical causes (breakdowns, maintenance, equipment replacement, etc.).The ArchiV runs on its own funds and funds obtained from marketing partners. The administrator shall keep full autonomy, about the approval of materials for publication, their description, etc and the marketing partners shall have no impact.
By completing the registration process which ends in the setting up of an account, the user declares:
- a) to be familiar with and to accept without exceptions the contents of the terms and conditions.
- c) to consent to the administrator processing now and, in the future, all personal data provided during registration, so that the administrator can perform the services available as part of the portal.
Some of the subscription plans, or limited time offers, may start with a free trial with a fixed period. The eligibility for a free trial, including the time and access to any content during such free trial, is at the discretion of the administrator. Further, such free trial(s) can be modified, suspended or terminated at any point of time without giving notice. Users (or institutions, universities, labs, companies, industries)can pay via any of the payment methods that are provided on portal during the registration for payment of the subscription fees.
Rules for Sharing Comments and Content
- a) A user placing a comment or post any materials on the ArchiV portal declares that they are free from legal defects and third-party claims and that s/he has full rights to the content placed, including copyright with the right to publish and distribute the online, via the internet, and with the right to use a third party’s image, and that such rights are not limited in any manner for any third party.
- b) The materials introduced and published should not make it possible to identify the any individual or product, however, it is necessary to obtain the necessary consent. Users introducing such materials declare they have consent to do so.
- c) The users shall bear full and unlimited responsibility for all comments/ posts and materials, placed in the comments section of the portal.
- d) Users using the portal by placing comments or other content on the portal, declare that they have all the relevant rights, in particular copyrights, and that their action does not infringe the rights of third parties, in particular copyrights and intellectual property rights, that the law authorises them to perform such actions, that they are authorised to grant the licences, approvals and authorisations defined in the rules, and that the exercise of such rights in accordance with their scope will not infringe the rights of third parties.
- e) The user placing the comments or other content on the portal shall be responsible for the consequences of such actions, as well as for the consequences of granting, in accordance with the terms and conditions, licences, approvals and authorisations by the user, including rights granted by the user within the scope of the rights referred to above. If any entity raises any claims against the administrator in relation to the placement, by a user, of any comments or other content on the portal, or in relation to the granting, in accordance with the terms and conditions, of licences, approvals and authorisations by the user, including in relation to the administrator exercising the rights granted by the user within the limits of the said rights, the user shall be obliged to satisfy justified claims of the administrator of the said entity in an unconditional and irrevocable manner and on first demand of the administrator or of the relevant entity. If the administrator has already satisfied such claims, the user shall be obliged to pay all the costs incurred in relation to that by the administrator, including costs of legal assistance.
Orders and Prohibitions
Users are prohibited:
- a) to download, broadcast or rebroadcast using any medium or to make publicly available in any other manner the materials placed on the portal.
- b) to distribute using the account any content with regard to which the user does not hold copyright or other rights to publication or distribution via the internet.
- c) to place any content (pages, graphics, text, audio and video recordings links, etc.) whose content is contrary to the law, in particular content that is pornographic and content of pornographic nature with the participation of children and animals or with the use of violence, materials propagating music or software piracy, spreading hacking techniques and viruses as well as publication of any other materials similar in terms of content and operation.
- d) to place content inciting ethnic, racial, religious hatred or hatred on any other grounds as well as content propagating other criminal ideologies.
- e) to spread, using the portal, content in gross breach of generally accepted moral and social standards as well as grossly graphic content.
- f) to set up accounts and place files with names that infringe the provisions of the law, referring to words generally considered offensive or contrary to accepted morals.
- g) to undertake actions aimed at decoding the access passwords of other users, including undertaking attempts to guess the passwords.
- h) to place any content containing any personal data of other people.
- a) The user shall bear full responsibility related to the respect of copyrights and other rights related to the distribution and other forms of using the respective content in the portal.
- b) The user undertakes, once third parties raise claims against the administratorin relation tothe infringement of any of their rights by content / comment placed by the user in any of the forms available on the Portal, to join the case in the administrator’s place or join the case as an outside intervener and assume the entire costs of potential court proceedings, the costs of legal representation and damages awarded or determined by voluntary settlement.
- c) If an infringement of or an attempt to infringe these terms and conditions are discovered, the administrator shall be authorised, to the extent permitted under the law, to charge a contractual penalty in the amount of up to ten times the value of the benefits obtained as a result of that action.
- d) Infringements of the provisions of these conditions may, at the administrator’s discretion, lead to a warning, to a block of access to the account, to the removal of content, to the restriction of the possibilities to use specific services or functionalities of the portal or to the removal of the account together with all its content. If the user undertook actions not prohibited by these terms but considered as undesirable in the service provider’s reasonable opinion, the service provider may inform the user about this by e-mail, requesting that the user abandon such actions. Failure to comply immediately with the request on the part of the user constitutes an infringement of these rules. In exceptional circumstances, the service provider reserves the right to block public access to the account.
- e) Infringement of these terms and conditions shall also be considered to include encouraging, facilitating or propagating methods of violating and bypassing its provisions as well as the conscious drawing of benefits from such actions.
Liability and Limitations
- To the extent permitted under the law, the administrator’s liability shall be excluded for the following:
- a) all damage arising due to the way users use the ArchiV, insofar as such actions on the part of the users do not constitute normal use of the portal according to its intended use.
- b) consequences of the fact that third parties obtained the user’s access password, if this happened due to the user’s fault (e.g. if the customer disclosed the password to a third party).
- c) disclosure of the password and data to persons authorised under the relevant provisions of the law.
- d) potential damage related to the contents of the comments and other posts / materials
- To the extent permitted by the law, the administratorreserves the right to:
- a) turn off the portal from time to time without prior notice
- b) remove immediately comments made available by the user, including the entire account, without prior notice, if an infringement of the provisions of these terms and conditions if discovered
- c)remove, in exceptional situations, some files / contents
- d) transfer its rights and obligations related to the electronic provisions of services via the ArchiV Portal to another competent entity.
- The terms and conditions may be at any time amended by the administrator for important reasons and shall be published at https://archiv.media/terms-and-conditions.
- In the case of non-acceptance of the terms and conditions, the user shall be obliged to terminate the agreement with the administrator by removing the account immediately. Non-removal of the account shall be considered as acceptance of the rules currently in force.
- Any communication and information concerning infringements of these terms by the users, please send to firstname.lastname@example.org.
- Complaints related to services provided as part of the portal may be sent using the suitable portal contact form https://archiv.media/contact formor in writing, to the address stated in the portal; they shall be examined within 30 days of registration in the system or receipt of the relevant letter.