1. Definitions

In these Terms of Use, the following terms – indicated with a capital – shall have the following meaning:

1.1 Terms of Use: Means these terms of use constituting an agreement between EUscreen and you for the access to and use of the Website;

1.2 Content: Means any content made available by EUscreen and/or its licensors on the Website, including but not limited to video, audio, photographs and other items that are part of the European television heritage;

1.3 Contribution: Means any information, including data, collections of videos, Video Posters and Virtual Exhibitions, posted by you or other users on the Website;

1.4 EUscreen: Means the EUscreen consortium represented by the Utrecht University;

1.5 Intellectual Property Rights: Means any copyright, patent, (un)registered design right, trade mark, trade name, as well as any application to register any of the aforementioned rights, trade secrets, knowhow, sui generis rights in databases and any other intellectual or industrial rights of whatever nature in any part of the world;

1.6 Virtual Exhibition: Means the virtual exhibitions created by you as described on the Website;

1.7 Video Poster: Means the video posters created by you as described on the Website;

1.8 Website: Means the website www.euscreen.eu and all underlying webpages which EUscreen makes available for you and which contains Content and Contributions.

2. Applicability

2.1 These Terms of Use apply to any use you make of the Website.

2.2 EUscreen is at all times entitled to amend or supplement these Terms of Use. The most current version of the Terms of Use can be found on the Website or will be brought to your attention during your use of the Website. If you continue to use the Website after these Terms of Use have been amended or supplemented, you thereby irrevocably accept the amended or supplemented Terms of Use. If you do not agree with the amended or supplemented Terms of Use, your only remedy is to no longer use the Website and to terminate your account. EUscreen therefore recommends that you regularly consult the Terms of Use.

3. License to use the website

3.1 EUscreen hereby grants you a non-exclusive, non-assignable, non-transferable, limited right to access and use the Website solely for personal and non-commercial purposes, under the terms and conditions of these Terms of Use.

3.2 You accept that the Website only includes the functionality and other characteristics as found on the Website at the time it is used (on an “as is basis”). EUscreen excludes expressly any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity and accuracy of the Website.

3.3 You yourself are solely responsible for the activities you perform on the Website, including posting Contributions. Notwithstanding any other provisions of these Terms of Use, the Contributions you post may not:

1. include viruses, Trojan horses, worms, bots, or any other software that can damage, make unavailable or inaccessible, erase, appropriate an automated work, such as a computer, or data or that are meant to bypass technical security measures of the computer systems of EUscreen or third parties;
2. make unreasonable or disproportionate use of the infrastructure of the computer systems of EUscreen or third parties or impede the functionality or functionalities of the Website;
3. breach these Terms of Use;
4. infringe on any third party Intellectual Property Rights, privacy rights or any other rights;
5. be unlawful in any way whatsoever; and/or
6. harm the interests and reputation of EUscreen.

3.4 You yourself are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Website.

3.5 You agree to indemnify EUscreen against any claims by third parties based on the allegation that the activities performed by you in using the Website, including but not limited to posting Contributions, are in any way unlawful or otherwise infringing on third party rights.

4. Account

4.1 In order to be able to use the Website optimally you have to create an account in the way described on the Website. You guarantee that the information provided by you in order to create an account is complete, true and accurate. You are therefore not allowed to create an account in the name of someone else.

4.2 The personal data provided by you to EUscreen will be processed in accordance with the EUscreen Privacy Policy which you can find here.

4.3 You yourself are responsible for keeping the password and user name combination for your account confidential. You are therefore responsible and liable for all the use made of the Website by means of your account. As soon as you know or have reason to assume that your account has come into the hands of unauthorised persons, you should inform EUscreen of this, notwithstanding your own obligation to take immediate effective measures yourself such as changing your password. EUscreen accepts no liability and/or responsibility for any damages that are the result of any unauthorized use of the password and/or your account.

4.4 If you are below the age of sixteen (16) you need the consent of your legal representative(s) (your parents or legal guardian) for creating an account and/or using the Website. By accepting these Terms of Use you guarantee that you are indeed at least sixteen (16) or that you have obtained the consent of your parents or legal guardian to use the Website and/or create an account.

5. Intellectual Property rights

5.1 The Website as well as all Content published on and/or transmitted by means of the Website, are protected by Intellectual Property Rights. The Intellectual Property Rights with regard to the Website and the Content, including but not limited to the texts, images, design, photographs, software, audiovisual material and other materials are exclusively vested in EUscreen or its licensors. This article does not apply to the Contributions.

5.2 You may not change, render illegible or remove any trademark or recognition signs affixed to the Website, the Content and/or any references to Intellectual Property Rights.

5.3 You will not sell, assign, rent, lease, copy, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Website, Content or any part thereof.

5.4 You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Website, Content or any part thereof, unless mandatory law explicitly determines otherwise.

5.5 Unless explicitly stated otherwise on the Website, any type of use different from viewing, bookmarking, making Collections, Video Posters or Virtual Exhibitions the Content by means of the Website is prohibited.

5.6 You acknowledge that Content owners may impose more and/or other limitations with regard to the use of Content. If any other limitations apply, these will be stated in the Content itself.

6. Contributions

6.1 EUscreen offers you the possibility to post your Contributions on the Website. You understand and acknowledge that EUscreen only offers you a technical platform which allows you to post your Contributions. EUscreen has no knowledge of the Contributions posted on the Website and does not check or monitor the posted Contributions. EUscreen therefore accepts no liability and/or responsibility for any damages that are the result of Contributions posted on the Website.

6.2 If you post a Contribution on the website, you guarantee to EUscreen that the Intellectual Property Rights with regard to the Contribution vest in you, or that you have the permission of the person or organization that holds the Intellectual Property Rights in the Contribution.

6.3 In principle you retain all Intellectual Property Rights, if any, that vest in you with regard to the Contributions you post on the Website, except if a Contribution regards a Video Poster or a Virtual Exhibition. You agree and acknowledge that by posting the Contributions you automatically grant EUscreen a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive license to use, reproduce, circulate and make public the Contributions in connection with the Website and to use the Contributions for marketing and/or promotional purposes in connection with the Website.

6.4 All Intellectual Property Rights you may acquire with regard to Video Posters and Virtual Exhibitions you created will exclusively vest in EUscreen. Insofar as any Intellectual Property Rights in the Video Poster or Virtual Exhibition are not vested in EUscreen by operation of law, you covenant that you will transfer those rights to EUscreen at EUscreen’s first request to that effect and, insofar as possible, hereby transfer those rights to EUscreen, which transfer is hereby accepted by EUscreen.

6.5 Insofar as any Intellectual Property Rights are incapable of being transferred from you to EUscreen, you hereby grants EUscreen the exclusive, royalty-free, worldwide, perpetual, irrevocable, non-terminable right (including the right to grant sublicenses) to use such non-transferable Intellectual Property Rights in the broadest sense, which right is hereby also accepted by EUscreen.

6.6 Insofar as any personal rights vest in you and insofar as permitted by applicable law, you hereby waive all of your personal rights, or you will at least not invoke your personal rights, including but not limited to the right to have one’s name stated pursuant to the Dutch Copyright Act.

6.7 You will, at first request of EUscreen, perform all acts that are necessary to register the Intellectual Property Rights in EUscreen’s name with any competent authority in the world.

6.8 If you are unable to provide the cooperation referred to in articles 6.4 and 6.7 for any reason, you hereby grant EUscreen an irrevocable power of attorney to represent you with respect to the transfer and registration of the Intellectual Property Rights referred to in articles 6.4 en 6.7.

6.9 The Contributions you post on the Website must be respectful and relevant to the topic. Notwithstanding the provisions set out in article 3.2, you guarantee that you will not circulate any Contributions which:

1. are defamatory, abusive, harassing, insulting and/or threatening or that could be deemed stalking;
2. are bigoted, hateful or racially offensive;
3. are vulgar, obscene or sexual explicit (language or images);
4. encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them;
5. contains knowingly false statements, libel or slander;
6. has a commercial, promotional or advertising purpose such as unwanted or unauthorized advertisements, promotional material, “spam”, chain letters, gambling games or other unwanted messages.

6.10 You agree and acknowledge that the Contributions posted by you on the Website may be used by other users of the Website. EUscreen cannot guarantee that these other users will use your Contributions in accordance with these Terms of Use and/or applicable legislation. EUscreen is not responsible for the Contributions or actions of other users and therefore accepts no liability for any actions of other users which are in violation of these Terms of Use, the applicable legislation and/or which are otherwise unlawful.

6.11 EUscreen reserves the right to reduce or change Contributions. EUscreen also reserve the right to remove your Contributions for any reason whatsoever, including but not limited to a violation of article 3.3 and/or 6.9, without any further notification and without having to pay you any compensation and notwithstanding its right to take further legal actions.

7. Database

The collection of data on the Website is to be regarded as a database within the sense of Directive 96/9/EC on the legal protection of databases. EUscreen and/or its licensors are the producer of this database and in that capacity has the exclusive right to grant consent for the use of data from this database. You may only use data from the database insofar as use is allowed pursuant to these Terms of Use. You are not allowed, without the prior written consent of EUscreen, to retrieve and re-use a substantial part of the data of the database and/or retrieve and repeatedly and systematically re-use non-substantial parts of the data of the database within the sense of the Directive 96/6/EC and the Dutch Databases Act.

8. Privacy

During your use of the Website, you provide Personal Data to EUscreen. These Personal Data will be saved and processed according to EUscreen’s Privacy Statement and the Dutch Personal Data Protection Act.

9. Notice and takedown

9.1 In order to terminate infringements of the rights of third parties as soon as possible, EUscreen has developed a procedure for reporting infringing Content or Contributions by means of a notice.

9.2 If you claim that certain Content and/or Contributions infringes on your rights, you can report this alleged infringement to EUscreen by sending a notice to euscreen@beeldengeluid.nl. EUscreen will examine the notice and, if possible and necessary, take the measures as stated in this article.

9.3 The notice should include:

1. the URL within the Website on which the allegedly infringing Content or Contributions can be found;
2. a statement that your rights have been infringed and why;
3. contact details which EUscreen can use to contact you, such as your complete name, address, telephone number and email address;
4. a statement supported by documentary evidence that the information in your notice is accurate and complete and – if it concerns the alleged infringement of Intellectual Property Rights – that you are the holder of the respective Intellectual Property Rights or that you are authorized to act on behalf of the holder;
5. a description of the work or works which have been allegedly infringed, with a specification of the precise nature of that alleged infringement.

9.4 EUscreen reserves the right to forward the notice to the party responsible for the Content or Contributions to which the notice refers.

9.5 In the event it is evident from the notice that Content and/or Contributions the notice refers to are manifestly unlawful, EUscreen will remove or block access to the Content and/or Contributions.

9.6 EUscreen reserves the right not to grant a request to remove or make inaccessible Content or Contributions if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted or if the Content or Contributions to which the notice refers do not appear to be manifestly unlawful. Within that scope EUscreen may for instance require a judicial decision of a competent court in the Netherlands, which decision demonstrates that the Content or Contributions concerned are manifestly unlawful.

9.7 By issuing a notice you indemnify EUscreen against any claim of third parties with regard to removing or making inaccessible the Content or Contributions and/or the provision of the name, address and place of residence for the user that sent the notice. Such indemnification also covers all the damage that EUscreen suffers and the costs it incurs in relation to such claim, including – but not limited to – reimbursing the costs of legal assistance.

9.8 EUscreen will not in any way whatsoever be a party to any dispute between the party that issued the notice and other party.

10. Liability

10.1 EUscreen does not accept any liability for damage as a result of an attributable failure in the performance of the agreement (“wanprestatie”) to provide you the possibility to access and use the Website including, but not limited to, damage resulting from or in connection with the use of the Website, Content and/or Contributions or the impossibility of using it or pursuant to an unlawful act (“onrechtmatige daad”) or otherwise insofar as this is allowed under mandatory law.

10.2 The only remedy that you have if you think that you have suffered damage is to discontinue the use of the Website and/or to cancel your account.

10.3 In the event that EUscreen is liable for damages under applicable mandatory law, it can only be held liable for direct damages resulting from an attributable failure to perform its obligations under these Terms of Use and/or resulting from an unlawful act of EUscreen. Direct damages in this respect exclusively mean:

1. all reasonable costs incurred by you in order to have EUscreen perform its obligations under the Terms of Use;
2. all reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;
3. all reasonable costs incurred by you in order to establish the nature and scope of the direct damages as meant in this paragraph.

10.4 To the maximum extent permitted by applicable law, in no event shall EUscreen be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the Website), even if EUscreen has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

10.5 The above limitation of liability in this paragraph shall cease to apply if and insofar as the loss is due to EUscreen’s wilful intent or gross negligence.

11. Indemnities & interruptions

11.1 You indemnify EUscreen against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from your use of the Website, including but not limited to your use of the Content and/or your use of the Contributions, the posting of Contributions and/or a violation by you of these Conditions of Use and/or third party rights.

11.2 EUscreen is entitled to put the Website (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you, if in the opinion of EUscreen this is necessary for instance in connection with the reasonably required maintenance of the Website.

11.3 EUscreen does not guarantee that the Website or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Website can occur, as a result of failures in the Internet or phone connection or by viruses or faults/defects. EUscreen is not liable or obliged to the user to pay compensation in any way whatsoever for any damage resulting or arising from the Website being (temporarily) unavailable.

12. Termination

12.1 You are entitled to terminate the Agreement at any time by discontinuing the use of the Website and/or terminating your account.

12.2 In addition to the other remedies or means available to EUscreen, EUscreen is at all times at its own discretion and without becoming liable to you entitled to:

1. terminate the Agreement;
2. (temporarily) restrict or suspend your activities in connection with the Website, including the removal of Contributions; and/or
3. temporarily or permanently terminate your account.

12.3 All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement between you and EUscreen including without limitation, all of your representations, warranties and indemnification obligations.

13. Applicable law and competent court

13.1 These Terms of Use and the use of the Website are governed by and construed in accordance with the laws of The Netherlands.

13.2 All controversies, disputes or claims arising out of or relating to these Terms of Use and the use of the Website shall be exclusively and finally settled by the competent civil court in the District of Utrecht, The Netherlands unless another competent court has been prescribed by mandatory (international) law.

14. Miscellaneous

14.1 Notwithstanding any legislative or legal obligations applicable to EUscreen, in relation to you, EUscreen is not obliged to keep any archived agreement accessible to you.

14.2 If any provision of these Terms of Use shall be held to be (partly) illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. EUscreen will replace the invalid part by clauses which will be valid and of which the legal consequences – considering the conditions and purpose of these Terms of Use – correspond as much as possible with those of the invalid part.