These general terms and conditions are intended to define the terms and conditions under which services described in article 5 are accessible on the ARIADNE MediaServer website http://ariadne1.isti.cnr.it (hereunder the “Services” and “the Website”, respectively), as well as to define the rights and duties of the involved parties. These terms and conditions apply without restriction to anyone visiting or using the Website or Services (hereunder referred to as a “User”) and form a binding agreement between Istituto di Scienza e Tecnologie dell’Informazione of the Italian National Research Council (CNR-ISTI) and the User. These terms and conditions are accessible and printable at any time on the Website. They can be completed if necessary by specific conditions for some specific Services, which will complete present terms and conditions and, should an inconsistency arise, prevail over the latter. CNR-ISTI may revise and update these terms and conditions from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised terms and conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
The ARIADNE MediaServer Website and Services are operated by Istituto di Scienza e Tecnologie dell’Informazione of the Italian National Research Council , a public research institution (hereunder: “CNR-ISTI”).
CNR-ISTI may be reached as follows:
Postal address: CNR-ISTI, Area della Ricerca CNR di Pisa, Via G. Moruzzi 1, 56124 Pisa ITALY Web: http://www.isti.cnr.it/ Email address: firstname.lastname@example.org
The Website and Services are accessible:
The acceptance of the present terms and conditions can only be in full. Any acceptance with reservation is considered as null and void. A User who does not agree to be bound by the present terms and conditions should not consult the Website or use the Services.
The Services notably enable the User to:
CNR-ISTI reserves the right to offer any other service they consider useful, under terms only CNR- ISTI can decide. Services are offered by CNR-ISTI in forms and with functionalities and technical means that CNR-ISTI considers most appropriate for those Services.
In Services, the User can publish an unlimited number of Files for a maximum capacity of 500 MB per file. The User can amend or suppress a File at any time. All Internet users can share these Files and embed the matching CNR-ISTI Viewer on any third-party Website, which the User explicitly accepts.
Without prejudice to any other duty hereby provided for, the User undertakes to honor the following duties:
The User is then forbidden from uploading on the Website any File with Content that has one or several of following characteristics (this list is not exhaustive):
The User undertakes to inform CNR-ISTI promptly about any complaint, claim or legal action related to the Files he or she has uploaded using the Services. The User also undertakes to answer as soon as possible any information request by CNR-ISTI. The User is solely responsible for his or her computer facilities’ smooth functioning as well as for the safeguarding of his or her Files, and the User undertakes to safeguard his or her Files. The User is informed and accepts that he or she is solely responsible for the safety of the Files he or she chooses to upload and for the observance of possible rights over these Files. He or she explicitly relieves CNR-ISTI of any duty such as surveillance and of any responsibility in this regard.
Without prejudice to the provisions of article 6, it is strictly prohibited to use the Services for any of the following purposes:
The User is strictly prohibited from copying and/or diverting the concept, technologies or any other component of CNR-ISTI Website for his or her own ends or those of third parties. The following are also strictly prohibited: (i) any form of behavior likely to interrupt, suspend, slow down or hinder the continuity of the Services, (ii) any intrusion or attempt to break into CNR-ISTI systems, (iii) any diversion of the Website’s system resources, (iv) any action that may place a disproportionate load on the latter’s infrastructure, (v) any attack on security and authentication measures, (vi) any action that may be infringing the rights and financial, commercial or moral interests of CNR-ISTI or of the Users of the Website, and finally, more generally, (vii) any violation of these General Terms and Conditions.
Should a User violate any of the provisions of these General Terms and Conditions, and particularly articles 6 and 7, or, more generally, contravene any laws and regulations, CNR-ISTI reserves the right to:
The User guarantees and indemnifies CNR-ISTI against any complaints, claims, actions and/or demands made against CNR-ISTI as a result of a violation by the User of any of the provisions of these General Terms and Conditions and, more particularly, articles 6 and 7. He or she undertakes to compensate CNR-ISTI for any prejudice or liability that it may suffer and cover all costs, charges, damages, fees and expenses and/or fines that it may incur or have to pay as a result, including legal fees.
CNR-ISTI reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion. The User will be informed of these modifications and/or stoppages by any appropriate means, giving one month’s notice.
Should the User fail to comply with these General Terms and Conditions, CNR-ISTI reserves the right to terminate his or her access to all or part of the Services, with immediate effect, by letter, fax or email. Termination shall take effect by right on the date on which CNR-ISTI sends the letter, fax or email to the User in application of this clause.
CNR-ISTI has no knowledge of the Content of Files, and acts only as a hosting service provider in this regard. As a consequence, CNR-ISTI may not be held liable for any Content, the authors of which are third parties. Any complaints should be directed in the first place at the author of the Content in question. CNR-ISTI does not accept any liability:
CNR-ISTI will use reasonable efforts to provide appropriate quality of Files displaying in different browsers. However, the User is explicitly informed and accepts that the rendering of a File might differ from a browser to another, depending on their particular technical constraints.
Services are provided by CNR-ISTI on an “as is” basis with no express or implicit guarantee of any sort. CNR-ISTI cannot and does not guarantee, represent or warrant to Users (i) that the Services, which are the subject of regular efforts to improve their performance and progress, will be totally free of errors, defects and faults, (ii) that the Services, being standard and in no way proposed solely to a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.
EXCEPT AS EXPRESSLY STATED IN THIS ARTICLE 6, CNR-ISTI EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL USER BE ENTITLED TO RECOVER FROM CNR-ISTI ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF SALES, CUSTOMER LOSS, ORDERS LOSS, OPPORTUNITY LOSS, DATA LOSS, MORAL WRONG OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR WEBSITE, EVEN IF CNR-ISTI HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
The systems, software, structures, infrastructures, source codes, databases and content of all types (text, images, visuals, music, logos, trademarks, etc.) used by CNR-ISTI on the Website, and the technology used to offer the Services are owned by CNR-ISTI and its licensors and are protected by all copyright, patent and other intellectual property rights in force. CNR-ISTI reserves all rights in any such intellectual property. All forms of disassembly, decompiling, decoding, extraction, exporting, re-use, copying and, more generally, all forms of reproduction, representation, circulation, use of all or part of these components without CNR-ISTI’s authorization are strictly prohibited and may lead to prosecution.
For the purpose of using the Services, the User explicitly authorizes CNR-ISTI to use any Content protected by intellectual property rights in accordance with the following arrangements:
Considering the purpose of the services, which allow the User to publish his or her own Files, the above authorization is granted free of charge, and the User expressly renounces any right to ask CNR-ISTI for any form of payment, fee, compensation or financial offsetting in this respect. This authorization is granted for the entire world and for as long as the User subscribes to the Services.
When the User uses the Site and the Services, CNR-ISTI will require the User to provide certain personal data, i.e. information that will identify the User, such as their family name, first name, street address or email address (hereinafter referred to as “Personal Data”). CNR-ISTI complies, in the gathering and management of this Personal Data.
Personal Data collected within the framework of the Services are necessary to implement the Services and are for the sole use of CNR-ISTI and CNR-ISTI’ partners. CNR-ISTI can also forward this data to the administrative and legal authorities in order to comply with its legal and regulatory obligations. CNR-ISTI is committed to protecting this Personal Data, and will treat it with the strictest confidentiality and the highest level of care. Except as otherwise permitted by these terms and conditions, Personal Data will not be communicated to third parties unless the User expressly gives their agreement to this communication. CNR-ISTI may disclose Personal Data to subcontractors and service providers acting on CNR-ISTI’s behalf, subject to obligations of confidentiality.
CNR-ISTI may in no circumstances be held liable for the technical availability of websites operated by third parties that are accessed by Users via the Website. CNR-ISTI may not be held liable for the content, advertising, products and/or services available on such third-party sites, which are governed by their own conditions of use. CNR-ISTI may not be held liable for any transactions that take place between a User and any advertiser, professional or trader to whom the User has been directed via the Website and may in no circumstances be a party to any disputes whatsoever with these third parties concerning, for example, the delivery of the products and/or services, the guarantees, declarations and other obligations of any kind by which the latter are bound.
A complaint may be made to CNR-ISTI concerning any act committed on the Website that may be prejudicial to a third party. This complaint should be sent to CNR-ISTI using the contact details.
The complaint must include:
CNR-ISTI will be free to take all appropriate measures, without any commitment on its part, and/or to pass the complaint on to the competent authorities.
CNR-ISTI reserves the right to amend the present terms and conditions at any time. Users are asked to regularly check the Website for the last effective version of terms and conditions, applicable to them as soon as they are effective. Any User using the Services after new terms and conditions have become effective is deemed to have accepted the changes.
Concerning any disputes that may arise between the Parties, these shall be exclusively settled by Italian Laws and the competent court of Pisa.
The present terms and conditions came into force on January 1st, 2015.