1. Contractual Relationship
Access and usage of the Service by the User represents an acceptance of the present Terms and determines the constitution of a contractual relationship between the User and UNL.
UNL may, in certain circumstances and at any time, change the present Terms. Any changes will produce their effects after the publication by UNL of said updated Terms in the respective space on the website and will always be notified to the User by e-mail or through a message shown on the Portal. Access or usage of the Service after said publication represents an acceptance of the present Terms in their updated version.
2. The Portal
UNL has created a digital platform (the Portal) for gathering and sharing testimonies on memories of current experiences of links between African and European cultures, through video, text, images and or audio. The Portal exists within the project “African-European Narratives”, co-funded by UNL and the European Commission. The contributes of each User will support scientific research. As such, the present Service allows the User to submit their testimony, which will be made available, both to the purposes of scientific studies undertaken by research, both for sharing with other Users. The Portal promotes collection and algorithmic processing of a network of information, organized according to pre-defined parameters such as, and among others, the link between the User and the African continent, the nature of User-submitted testimonies, feeling associated to the testimony or the User’s heritage. This allows researchers to develop a more accurate and detailed study, as well as to create solutions of visualization of data which will allow Users and researchers to better comprehend the interlink of memories in a collection of space-time matrixes.
The Portal was created by UNL with a scientific purpose to conduct detailed research on the links between the African and European continents. As such, its main purpose is to reunite multimedia narratives on memories or current experiences of links between European and African cultures. Through these means, it aims to create an archive of testimonies in text, video and audio open to contributions until 2020. This project is co-funded by the European Commission.
The Portal will be freely accessible until 2020, until which Users may consult and submit any content they see fit. UNL may extend this period at any time, by revising these Terms. When the free access period ends, the Portal and collected contributions will be archived. Archived content may only be consulted by UNL-authorized researchers. UNL reserves the right to alter these conditions at any time and through a message displayed on the website.
Subject to acceptance by the User of these Terms, and by registering an Account, UNL freely makes available to the User a limited, non-exclusive, non-sublicensable, revocable and non-transferrable license to: (i) access and use the “African-European Narratives” Portal on their personal device; and (ii) access and use any content, information and related materials made available through the Service. Any rights which are not expressly granted in these Terms are reserved by UNL.
The User may not (i) remove any indication of copyright, commercial trademark or any other proprietary warning from any space of the Service; (ii) reproduce, modify, create derived works, destroy, license, rent, sell, resell, transfer, publish of publicly present, transmit, reproduce, emit or in any other way explore the Service, except in what UNL expressly allows in these Terms; (iii) decompile, use reverse engineering or unmount the Service, except when legally allowed; (iv) create links or reproduce through “frames” any part of the Service; (v) create or launch any programs or scripts to capture, index, collect or in any other way extract data from any part of the Service or unduly overload or make the operation and/or functionality of any aspect of the Service impossible; (vi) attempt unauthorized access to or undermine any aspect of the Service or its systems or networks.
5. Availability of Service
Service is made available to the User by UNL, licensor and data controller which has entered into a service, maintenance and support agreement with Lavinci, data processor who owns or is licensee of the components which constitute the Portal supporting the Service.
Lavinci is a creative agency which created solutions assisting their clients in improving productivity, innovation and strengthening of their web presence. They work with their clients creating websites, web applications, mobile applications and landing pages for their services, as well as other personalized solutions directed to the improvement of productivity.
The User should bear in mind that a research project such as this one, with a digital dimension and a strong algorithmic component, results from a collaboration between UNL and several partners and service providers with whom the licensor has entered into academic, commercial or innovation and development agreements. Partners and data processors may utilize tools and Portals in open code or open source, as is custom in similar solutions. UNL guarantees to the User that the construction of the Service has its support in a contractual network which has been built in respect of the law, namely with the requirements of the General Data Protection Regulation (“GDPR”), especially those of Articles 24, 32, 26 and 28 in what concerns technical and organizational measures, security, and connections between data controller and processors, respecting the rights of industrial and intellectual property of those generating knowledge and innovation.
6. Third Party Services and Content
Service and any other rights are the propriety of UNL. Neither the present Terms nor the usage of the Service by the User grant them any rights (i) on or connected to the Service, except for the limited license granted above; or (ii) to use or in any way make reference to the names of UNL or any other entity referenced to in the Portal, to their logos, products and service denominations, to commercial trademarks, trademarks for services or any other elements which may denote ownership.
8. The usage of UNL’s Service by the User
Requirements of Usage of the Service: Service is not made available to people under 12 (twelve) years of age. The User may not allow access or Account usage by those under 12 (twelve) years of age. Service is personal and non-transferable, in the sense that aimed results are dependent from the User. The User must thus understand that they may not cede or in any other way transfer their Account any other person or entity, and that eventual transfers may have consequences in possible editing or deleting, by others, of User-submitted content.
Internet Access and Devices: The User is responsible for obtaining necessary Internet access to use the Service. It is possible that the service provider contracted by the User applies tariffs and taxes, since the User presupposes access through a device with Internet access. The User is liable for paying said taxes and tariffs. The User is responsible for acquiring and updating any necessary equipment or device to access and use the Service and the Portal. UNL does not guarantee that the Service will work in any given equipment or device, and in any location where network connection is intermittent or with network issues. Service may be subject to shortcomings and delays inherent to usage of the Internet and electronic communications.
Service is provided without any expenses to the User. The User understands that they may incur in expenses as a result of usage of the Service, through their connection to the Internet, which may be provided in exchange for payment by a Third-Party Service Provider. It is up to the User to ensure what costs they incur as a result of their Internet connection.
The “African-European Narratives” projects seeks to foster the collection and sharing of testimonies on memories or current experiences of links between African and European cultures. So that the Project may attain its purported goals, collection and sharing must be undertaken without costs or charges for Users. By submitting content, the User grants to all Users, and relating to that content, an unlimited, universal, nonrevocable, free, sublicensable and transferrable license for usage and reproduction of said content and for the creation, commercial or non-commercial, with costs or free, of other works. The User grants this license without any requirements on attribution or credit. The User waives any capital gains or benefits deriving from that license, within the limits of the law.
11. Exclusion and limitations of liability
UNL may not be deemed liable by improper usage of the Portal, namely by any inaccurate data analysis which results from the cession of a device to someone who is not the User, or to data collected in a context of intermittent network connection or a connection suffering from network issues. Also, UNL may not be deemed liable by technical difficulties in accessing the Portal through devices which technically do not support its viewing.
UNL and the User recognize that there are inherent security risks to the functioning of the Portal, which may be subject to interruptions, errors, viruses, worms and other harmful components, as well as other software limitations. UNL is not liable for unauthorized accesses or alterations to User data, beyond what is required by information security regulation, and resulting from intrusions to devices through which the User accesses the Portal.
12. Applicable law and dispute resolution
Unless there is a provision stating otherwise in the present Terms, they are exclusively overseen and interpreted in accordance with the laws of the Portuguese Republic, including its rules on conflicts of laws. Any litigation, dispute or controversy deriving from or generally relating to, for any reason, the Service or these Terms, including those relating to their validity, interpretation or applicability are to be mandatorily submitted to the competent courts of the Lisbon District Court.
13. Other provisions
UNL may emit notifications through a general warning published in the Portal supporting the Service or by electronic mail to the address used in the User’s Account. The User may notify UNL through the following means:
Telephone: (+351) 213 715 600
Written letter: Campus de Campolide, 1099-085 Lisboa, Portugal
14. Final provisions
The User authorizes UNL to cede or transfer the present Terms, in whole or in part, including to (i) a hypothetic subsidiary or affiliate; (ii) a purchaser of UNL’s assets; or (iii) a successor.
If any clause of the present Terms is considered illegal, invalid or inapplicable, in whole or in part, at the behest of any law, that clause or part of clause will be understood as not being part of the present Terms, thus not affecting the legality, validity and applicability of other clauses of the present Terms. In that case, parties should substitute the part of the illegal, invalid or inapplicable provision with a (or part of a) provision which is legal, valid and applicable and which has, to the largest possible extent, a similar effect to the provision, or part of a provision, which is illegal, invalid or inapplicable, taking into account the content and purpose of the present Contract.