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| GENERAL TERMS AND CONDITIONS OF USE OF THE SHAPE UP EUROPE PORTAL
1. PURPOSE OF THE GENERAL TERMS AND CONDITIONS These General Terms and Conditions govern access to and use of the SHAPE UP EUROPE PORTAL www.shapeupeurope.net, hereafter the SHAPE UP EUROPE PORTAL, owned by the creators of the project entitled “Shape up: Towards a European school network to impact the determinants of child obesity at the community level” and which is supported by the European Commission in establishing and managing the Shape Up Europe Portal. The creators of the project, hereafter THE COMPETENCE CENTERS are: Danmarks Paedagogiske Universitet, ABCittà cooperative sociale r.l., University of Hull, Schulen ans Netz e.V and .PA.U. Education S.L The Portal is managed by P.A.U. Education S.L, hereafter PAU Education. P.A.U. Education, a company with headquarters in Spain, in the city of Barcelona, C/Muntaner 262 – 3º, with VAT no. CIF B-60-381-720, registered with the Company Register of Barcelona in Tome 26, 391, folio 210, leaf B-103,475. These General Terms and Conditions do not exclude the possibility that access to and use of certain services and/or content, or sending information or material by the user may be subject to Special Terms and Conditions of use that may replace, complete and/or modify them, and that the user will also be invited to read before accessing such services or content. 2. SHAPE UP EUROPE PORTAL USER A Shape Up Europe Portal user is considered to be any person who accesses or uses the services offered on the Shape Up Europe Portal. 3. ACCEPTANCE OF CONDITIONSbr> P.A.U. Education, as manager of this Portal, may at any time modify or completely replace these General Terms and Conditions and, if appropriate, any special terms and conditions. By accessing or using the Shape Up Europe Portal, users indicate that they accept the General Terms and Conditions then in force to regulate use of the Shape Up Europe Portal. Moreover, accessing or using any services or content subject to Special Terms and Conditions indicates complete acceptance of those in force at the moment of access or use. 4. CHARACTERISTICS OF THE SHAPE UP EUROPE PORTAL The Shape Up Europe Portal seeks to provide all European users with information regarding issues related to child obesity determinants at school in a dynamic and open way. Besides providing information, the SHAPE UP EUROPE PORTAL also seeks to encourage user participation: taking part in common spaces, writing and commenting on articles and sending in content and material related to the themes of the SHAPE UP EUROPE PORTAL. P.A.U. Education may at any time and without prior warning modify the presentation, content and configuration of the SHAPE UP EUROPE PORTAL. It may also cancel any of the content or services that form part of the SHAPE UP EUROPE PORTAL, or add new content and services. Access to and use of the SHAPE UP EUROPE PORTAL is free to users. 5. RESPONSIBILITY FOR SERVICES AND CONTENT ACCESSIBLE VIA THE SHAPE UP EUROPE PORTAL P.A.U. Education will attempt to reduce any problems caused by technical errors to a minimum. Nonetheless, P.A.U. Education does not guarantee the availability, continuity and infallibility of the SHAPE UP EUROPE PORTAL, nor that users will be able to access the content on the SHAPE UP EUROPE PORTAL or external websites accessible via the SHAPE UP EUROPE PORTAL at all times. P.A.U. Education is in no way responsible for any damage that may result from SHAPE UP EUROPE PORTAL malfunction. P.A.U .Education will adopt all necessary measures to ensure the privacy and security of SHAPE UP EUROPE PORTAL users. Nonetheless, P.A.U. Education cannot guarantee that third parties will not learn about the conditions and circumstances in which users gain access to the SHAPE UP EUROPE PORTAL or that they will not access or intercept, alter or in any other way manipulate the content and communications that users send, receive or access via the SHAPE UP EUROPE PORTAL. P.A.U. Education is not liable for any damages that may be caused by such unauthorised acts. P.A.U. Education will attempt to reply, as quickly as possible, to any information, content, comments, etc., that users may send via the SHAPE UP EUROPE PORTAL, but cannot guarantee that such replies will always be made, nor the time required to do so. P.A.U. Education will do all in its power to ensure that the information and content on the SHAPE UP EUROPE PORTAL is accurate and up to date. Nonetheless, Competence Centers accepts no responsibility for any damages that may be caused by lack of reliability or usefulness of content, nor for any disappointment with regard to the expectations generated by the content and services on the SHAPE UP EUROPE PORTAL. This content: a) Consists exclusively of information of a general nature. The information provided is not necessarily complete, exhaustive, accurate or up to date. b) Includes, on occasion, links to external websites over which Shape Up Europe has no control. c) Does not provide professional or legal advice. d) When it contains an official Community legal document, may not exactly reproduce the text. Only European Union legal texts published in printed editions of the Official Journal of the Community are, then, considered authentic. e) When it contains articles and information provided by contributors, participants and users of the SHAPE UP EUROPE PORTAL, P.A.U. Education does not necessarily share the opinions expressed in it. P.A.U. Education cannot guarantee that content or other elements that can affect the user’s computer equipment, or electronic documents and files stored in its computer systems are virus free. 6. RESPONSIBILITY FOR USE OF THE SHAPE UP EUROPE PORTAL AND CONTENT SENT BY THE USER 6.1. P.A.U. Education declines all responsibility for any damage that may be caused by incorrect use of the content and services on the SHAPE UP EUROPE PORTAL made by the user and specifically, though not exhaustively, by failure to comply with the following: 1. The user undertakes not to carry out any illegal or immoral activities through the SHAPE UP EUROPE PORTAL, or any acts that may damage third-party rights and interests. 2. The user undertakes not to use the content and services in any way that might damage the SHAPE UP EUROPE PORTAL or prevent normal use of it by other users. 3. The user undertakes not to adopt any action aimed at obtaining unauthorised access to any of the content or services on the SHAPE UP EUROPE PORTAL. 4. The user must refrain from altering or manipulating in any way copyright credits and other information identifying the intellectual property or industrial rights of Competence Centers or the European Commission or the owners of content contained in or reproduced by the SHAPE UP EUROPE PORTAL. 5. Should Competence Centers consider that the user has made undue use of any SHAPE UP EUROPE PORTAL content or services, this user’s access to some or all of the content and services on the SHAPE UP EUROPE PORTAL may be vetoed. 6. The user may in no way make a commercial use of the content and information inserted, reproduced or published on the SHAPE UP EUROPE PORTAL. 6.2. P.A.U. Education further declines all responsibility for any damages that may be caused to third parties due to the user’s failure to comply with the following declarations, conditions and obligations when sending content to the SHAPE UP EUROPE PORTAL: 1.By sending works, texts, documents, images and any other content in general to the SHAPE UP EUROPE PORTAL, the user so doing expressly declares that they own the intellectual property and/or industrial rights to this content, or possess the necessary authorisation so that its use and publication on the SHAPE UP EUROPE PORTAL does not infringe third-party copyright or rights of any other kind, or obligations of confidentiality. In the specific case of sending photographs or video, the user expressly declares that they own the work and the images contained in the same. Should the user not own the work, they expressly declare that they own all rights and/or authorisations duly granted by the owners for publication on this website. 2.By sending such content to the SHAPE UP EUROPE PORTAL, the user implicitly grants Competence Centers world rights to its free and unrestricted use, to reproduce or publish, in any language, it in its entirety or in altered or corrected, extract or summary form, and to communicate it publicly. 3.Besides the above conditions, by sending such content to the SHAPE UP EUROPE PORTAL, the user accepts the following obligations: a) Not to send advertising or to include advertising in the material sent. b) To ensure that the information does not contain strange or illegible characters. c) To take all reasonable steps to detect and remove any virus or similar damaging element before sending the material. d) Not to send inappropriate, obscene, defamatory, racist or violent content, or content that violates people’s intimacy or is illicit or illegal. 7. RESPONSIBILITY FOR ADVERTISING CONTENT ON THE SHAPE UP EUROPE PORTAL Any commercial agreement that might result from correspondence between the user and any companies that may use the SHAPE UP EUROPE PORTAL as a means of advertising their products will be understood to be made or formalised exclusively between the user and the company involved. Such companies have full and exclusive responsibility for the images, texts and information contained in advertising inserts commissioned. 8. RESPONSIBILITY FOR USE OF LINKS In order to provide users with access to information available on Internet with regard to the subjects and content dealt with on the SHAPE UP EUROPE PORTAL, links will be provided on it to enable users to access websites and pages operated by third parties. Establishing the link does not necessarily imply the existence of commercial relations, collaboration agreements or any other type of tie between Competence Centers and the owner of the website to which the link gives access. P.A.U. Education is not responsible either for the technical accessibility nor for the content, services or advertising on site users may access via links. The owners of sites accessed by link from the SHAPE UP EUROPE PORTAL, or third parties providing the content or services offered on them, are fully and exclusively responsible for any damages of any kind whatsoever that may be caused by access to and/or use of them by the user. 9. CONDITIONS FOR THIRD-PARTY LINKS Those proposing to establish a link between their websites and the SHAPE UP EUROPE PORTAL must comply, at least, with the following conditions: 1. The website to which the link is established must not contain information or content that is illicit, immoral, contrary to commonly accepted good customs, nor defamatory, racist, violent, obscene, or that violate individual rights of privacy and image. 2. The website to which the link is established will permit access to the SHAPE UP EUROPE PORTAL only, and will not reproduce its content, either partially or completely. 3. There must be no doubt that P.A.U. Education has no involvement with the website to which the link is established, and has not intervened in, accepted or approved its content and services. The website to which the link is established will contain no identifying signs belonging to PAU Education or that might create confusion with them, or that appear on the SHAPE UP EUROPE PORTAL, except as expressly agreed by both parties. Any link that fails to comply with these requirements will be considered illicit and may be liable for damages. Nonetheless, P.A.U. Education reserves the right to demand the removal of any link to the SHAPE UP EUROPE PORTAL from any site owned by a third party if, although it complies with the above conditions, it considers that it might damage the image, philosophy or quality of the content on the SHAPE UP EUROPE PORTAL, or due to any other reason it considers opportune. 10. REGISTRATION AND PROTECTION OF PERSONAL INFORMATION 1. The user may only access certain content and services on the SHAPE UP EUROPE PORTAL by previously registering with the site. These services include taking part in common spaces, receiving Newsletters, sending in comments on published contents, personal access to information, selection of language and others that may in future be added to the SHAPE UP EUROPE PORTAL. All personal information supplied by users when filling in registration forms will be used in accordance with the provisions established in this clause of the General Terms and Conditions or those in force at the time or, if appropriate, Special Terms and Conditions. Users under 18 must always obtain permission from their parents, guardians or legal representatives before sending any personal information. Users of such content and services must first select a user name and a personal password. Users may not adopt as their user name or password any words or expressions that are slanderous or libellous, degrading, insulting or similar to distinguishing signs, trademarks, known names or pseudonyms or the surnames of third persons. The user is exclusively responsible for maintaining the confidentiality of his or her password, and P.A.U. Education accepts no responsibility for any acts carried out through the use of them by unauthorised third parties. The user recognises and accepts that P.A.U. Education may cancel registrations that remain inactive for a period of time superior to one year. Users may cancel and deactivate their registration at any moment by sending an e-mail to: info@shapeupeurope.net 2. P.A.U. Education informs users about the existence of an automated file of personal information created by it under its responsibility, with the purpose of helping to maintain and manage the services on the SHAPE UP EUROPE PORTAL, to inform users about proposals related to the SHAPE UP EUROPE PORTAL content, and to enable users to send in content for reproduction or communication on the SHAPE UP EUROPE PORTAL, and to enable users to participate in zones established for this common spaces, events, etc.) and to select language and preferences in different areas. By filling in and sending any form on the SHAPE UP EUROPE PORTAL, the user expressly gives P.A.U. Education consent and authorisation to gather, automatically process or transfer to third parties the personal information he or she sends, for use exclusively for the stated purposes. When filling in any form, the user must, before sending in personal details, agree to the privacy policy displayed in the registration zone. The user guarantees that the personal information provided about them is correct, undertaking to inform of any changes. Users can correct or delete their own personal information in the My profile section in the User Menu area, or by sending an email to info@shapeupeurope.net from the email account from which the user registered with the SHAPE UP EUROPE PORTAL, specifying the information they wish to change, or whether they wish to delete their registration or unregister from any of the mailing lists. P.A.U. Education informs users about their option to formally exercise their rights of access, rectification, objection or removal of personal information obtained about them. In this case, users should confirm their request in a signed letter sent to the following address: P.A.U. Education S.L., C/Muntaner, 262 – 3º, Barcelona 08021 (Spain). Tel.: (+34) 93 367 04 00. This letter should include the following information: user’s given and family name(s), address for notifications, photocopy of national identity document or passport, and the exact nature of the request. P.A.U. Education undertakes to comply with obligations regarding the confidential nature of personal information, and to adopt the security measures stipulated in Community regulations on the protection of data, as well as the specific provisions described in Regulation 45/2001 of the European Parliament for Community institutions, as it receives support from the European Commission in establishing and managing the SHAPE UP EUROPE PORTAL. As a result, users may, at any time, appeal to the European Data Protection Supervisor. P.A.U. Education undertakes to keep users’ personal information only for the time necessary to accomplish the stated purpose for which it is gathered, and while the SHAPE UP EUROPE PORTAL is operational. Similarly, P.A.U. Education can delegate this task to its Internet service provider. Nonetheless, should such data be compiled, it would be stored only for historic, scientific or statistical purposes. 11. INTELLECTUAL PROPERTY, INDUSTRIAL AND OTHER RIGHTS The user recognises that COMPETENCES CENTERS are the owner of copyright and, in general, intellectual and industrial property rights to the SHAPE UP EUROPE PORTAL. Moreover, the user recognises and accepts that the intellectual and industrial property rights of certain content and services found on the SHAPE UP EUROPE PORTAL belong to third parties. The user undertakes not to reproduce, remove or alter any distinctive signs used as trademarks or trade names, graphic design, logo warnings, legends, symbols or labels that appear on the SHAPE UP EUROPE PORTAL and, in general, to refrain from any act that might damage the intellectual and industrial property rights of THE COPMPETENCES CENTERS or the legitimate owners, nor to remove or alter signs or symbols indicating intellectual and industrial property rights, such as copyright, ©, ®, etc. 12. LICENCES FOR USE 1. P.A.U. Education authorises users to access and navigate the SHAPE UP EUROPE PORTAL, and to use the services and content found on it. The user may only download copies of content found on the SHAPE UP EUROPE PORTAL for strictly personal and private use and in the frame of the Shape Up project, and may not exploit such content for commercial purposes or for personal gain of any kind. 2. By sending such content to the SHAPE UP EUROPE PORTAL, the user implicitly grants P.A.U. Education world rights to its free and unrestricted use, to reproduce or publish it in its entirety or in altered or corrected, extract or summary form, in any language, and to communicate it publicly. 3. P.A.U. Education may refuse to publish or remove information and content sent by users. 4. The use of any directory for commercial or any other purpose is strictly prohibited. In no case may such directories be used as if they were public domain directories. 13. CANCELLATION OF ACCESS TO THE SHAPE UP EUROPE PORTAL P.A.U. Education may refuse or withdraw access to the SHAPE UP EUROPE PORTAL and its content without prior warning from any users that fail to comply with these General Terms and Conditions or, if appropriate, any special conditions. 14. DURATION AND TERMINATION Either of the parties may unilaterally terminate or suspend this contractual relationship at any time merely by exercising their own volition. 15. SUBCONTRACTINGbr> P.A.U. Education may subcontract to third persons any or all production or management activities necessary to coordinate the content and services on the SHAPE UP EUROPE PORTAL, or to maintain, update or improve it. Subcontracted companies must comply with these General Terms and Conditions in their activities and may, needless to say, exercise all the powers provided for by P.A.U. Education in these General Terms and Conditions in all areas of their activity, such as vetoing and refusing access to the SHAPE UP EUROPE PORTAL by a user, removing inactive registrations, collecting and processing personal information, etc. 16. NULL AND VOID Should any clause in these General Terms and Conditions be declared wholly or partially null and void by any court, all other stipulations will continue to be valid. 17. APPLICABLE LAW AND JURISDICTION Any dispute that may arise between the parties over the application or interpretation of these General Terms and Conditions that cannot be resolved amicably will be referred to the courts and tribunals of the city of Barcelona, to be decided according to Spanish law. And without prejudice of the applicable –indicated above- for personal data protection. 18. INFORMATION REGARDING COOKIES AND SPAMMING TECHNIQUES Users authorise the use of cookies, which do not allow them to be identified, with the sole purpose being to facilitate navigation through the different SHAPE UP EUROPE PORTAL pages. In any case, the user may refuse or impede the installation of these cookies modifying the configuration of their browser. In this case, navigation problems may arise. P.A.U. Education does not use spamming techniques and will only use the data that users send via forms in electronic format on the website or via emails. 19. MODIFICATIONSbr> P.A.U. Education reserves the right to change the conditions of use of the SHAPE UP EUROPE PORTAL to adapt them to any future changes in legislation or jurisprudence, duly informing users about any changes that may occur. In case of any doubt or dispute regarding the conditions of use outlined above, users may contact P.A.U. Education by writing to its postal address: P.A.U. Education, S.L., C/Muntaner, 262 – 3º, 08021 Barcelona, or by sending an email to the following address: info@shapeupeurope.net. LEGAL NOTICE PRIVACY POLICY FOR HANDLING PERSONAL INFORMATION The personal information requested as part of processes for registering with the www.shapeupeurope.net , Shape Up Europe Portal is strictly the minimum needed to accomplish the purposes for which it is collected. These purposes are to inform users about proposals relating to the Shape Up Europe Portal content and to enable them to send in content for reproduction and publication on the Shape Up Europe Portal, and to enable users to take part in the areas specifically designed for participation (common spaces events, etc.), selecting language and other preferences in the different areas. Additionally, further voluntary, non-essential information may be requested in order to personalise and improve the service. In such cases, whether this information is voluntary or compulsory will be duly indicated. By filling in the form, the user expressly gives their consent, exclusively for the above stated purposes, for the information to be included in a personal information database, property of COMPETENCE CENTERS the companies that owns the Shape Up Europe Portal. Nonetheless, THE COMPETENCES CENTERS as they receive support from the European Commission in establishing and managing the Shape Up Europe Portal, undertakes to conform not only to the relevant legislation governing the protection of information, but also to the specific regulations established by the EU bodies cited below. The user must fill in forms with correct, currently valid information. Users under 18 must always obtain permission from their parents or guardians before entering any personal information on forms to be sent to the Shape Up Europe Portal. Users can access their own personal information to check that it is correct and, if appropriate, correct or modify it. Users may also request that their personal information be deleted, and decline to allow it be processed for legitimate purposes, with the exceptions established in the EU legislation stated below. Users can modify, correct or delete their own personal information in the My profile section in the USER MENU section. Users can also modify, correct or delete their personal information by sending an email to info@shapeupeurope.net from the email account from which they registered with the Shape Up Europe Portal, specifying in the message the information they wish to modify, correct or delete. To formally request to exercise these rights, users should also confirm their request in a signed letter sent to the following address: P.A.U. Education carrer Muntaner, 262, 3r, E-08021 Barcelona. Tel.: (+34) 93 367 04 00. This letter should include the following information: user’s given and family name(s), address for notifications, photocopy of national identity document or passport, and a statement of the exact nature of the request. Users should also send any other notification they may wish to make regarding the computer processing of their personal information to this address. Users may, moreover, at any time, appeal to the European Data Protection Supervisor. The information collected will be kept only for the time necessary to accomplish the stated purpose for which it is gathered, and whilst the Shape Up Europe Portal is operational. P.A.U. Education undertakes to comply with obligations regarding the confidential nature of personal information sent by users to the Shape Up Europe Portal, and to adopt the security measures stipulated in Article 22 of Regulation No. 45/2001 of the European Parliament to prevent its alteration, loss, unauthorised processing or access and, in general, with all other provisions in these Regulations and other EU legislation in force with regard to the protection of personal information. The Shape Up Europe Portal provides links to other websites that may be of interest to users. Although such sites are selected both for their content and their standards of quality, no guarantees can be given regarding compliance with personal information protection regulations should these request and collect such information from users. Finally, the Shape Up Europe Portal uses cookies with the purpose of enabling users to access the web according to their preferences and personalised information. P.A.U. Education reserves the right to change its personal information privacy policy to adapt it to any future changes in legislation or jurisprudence, duly informing users about any changes that may occur. In case of any doubt or dispute about personal information privacy policy, users may contact P.A.U. Education by writing to its postal address: P.A.U. Education S.L., carrer Muntaner, 262, 3r, E-08021 Barcelona, or by sending an email to the following address: info@shapeupeurope.net |
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