1. By using this Site, you agree to these terms of use
The access and use of this Site are subject to the following terms of use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these terms and you acknowledge that any other agreements between you and The Open Knowledge Association (the “Association”) are superseded by the provisions of these Terms of Use. If you do not agree or accept, without limitation or qualification, the terms of use of this Site, please leave this Site.
2. Content Ownership
The Site and everything contained therein, including, without limitation, all text and images (“content”) are the property and copyrights of the Open Knowledge Association or others, unless otherwise specified. Any content that consists of a trademark, logo, or service mark is the registered and unregistered trademark of the Open Knowledge Association or others. It is strictly forbidden to use any content, except as provided in the terms of use, without the written permission of the owner of the content. We also inform you that the Open Knowledge Association will resolutely ensure and enforce the recognition of intellectual property rights in accordance with the laws in force, reaching, if necessary, the action in court of those guilty of violating the intellectual property right.
We make every effort to ensure that we do not infringe the property rights of others, but if you find that your property rights have been infringed, please notify us in writing at the contact address, and this notice must contain:
1. Physical or electronic signature of the owner of the material or of the person authorized to act on behalf of the owner of the copyrighted material;
2. A detailed description of the location where the material you claim has been inappropriately used is displayed on the site so that the Open Knowledge Association can locate the material;
3. Your mailing address, telephone number and email address so that the Open Knowledge Association can contact you, if necessary, about your notification;
4. A statement that you have a good faith belief that the use of the material in the manner described in your complaint is not authorized by the copyright owner, its trustee, or by law; and
5. A statement made by you, at your own risk, confirming, under the sanction of the law, that your notice is correct and that you are the copyright holder or that you are authorized to act on behalf of the copyright holder.
Upon receipt of such notification, we will:
- remove from the site the disputed material;
- notify the user or subscriber of that notification;
- notify the owner of the property if the user or subscriber has filed a counter-notification;
- restore the disputed material if the counter-notification is appropriate and the owner of the property has not used his right of reply within a period of less than 10 days.
If a user or subscriber repeatedly violates the property rights of others, his account will be deleted from our system and he will not have the right to re-subscribe.
3. Use of the Site
The Open Knowledge Association grants permission to use the Site under the following conditions:
• with the exception of images of people or places outside the “press” section of the Site, you may download the content, but only for personal, non-commercial or promotional use of Romania and provided that you comply with the information relating to copyright and other intellectual property rights contained in the content;
• you are not allowed to use images of people or places that are outside the “press” of the Site without the written consent of the Open Knowledge Association;
The content in the “press” section of the Site may only be reproduced for editorial purposes in newspapers, general circulation magazines, commercial publications and radio and television stations;
• you may not distribute, modify, copy (except as mentioned above), transmit, exhibit, reuse, reproduce, publish, authorize, license to use, create derivative works from or transfer, sell or otherwise use the content without the written consent of the Open Knowledge Association;
• you may not use the Site in order to display or transmit any of the material that is threatening, false, misleading, abusive, harassing, obscene, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane or any material that could constitute or encourage conduct that would give rise to a criminal offence or which could give rise to civil liability, or could violate the law in any way. The
Open Knowledge Association will cooperate with any of the authorities designated to enforce the law and will comply with any court order requiring or ordering the Open Knowledge Association to disclose
the identity of any person who displays or circulates any such information or material on or through the Site;
• it is forbidden to use the Site for advertising purposes or for any kind of commercial request/offer.
4. Privacy
Any personal data such as: name, address, telephone number or e-mail address that you transmit to the Site by electronic mail or otherwise, will be used in accordance with the Privacy Policy. (Access is through the Site). Any other communications or materials you transmit on this Site, such as questions, comments, suggestions, photos, images or other such messages will be considered as non-confidential and unprotected by determined intellectual property rights.
5. Lack of guarantees
THE ENTIRE CONTENT OF THIS SITE IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
6. Exemption from liability
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. OPEN KNOWLEDGE ASSOCIATION AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR ANY OTHER PARTY INVOLVED IN THE DESIGN, PRODUCTION OR PROVISION OF THE SITE ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ITS CONTENT. OPEN KNOWLEDGE ASSOCIATION ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY AS A RESULT OF ACCESSING OR USING THIS SITE OR DOWNLOADING ANY MATERIAL, INFORMATION, TEXT, VIDEO OR AUDIO IMAGES FROM THIS SITE.
7. Links to third-party websites
The Site may contain links to other sites owned or operated by parties other than the Open Knowledge Association. Such links are provided for you to use only if you wish so. The Open Knowledge Association does not control and is not responsible for the content and conditions of privacy or security and the functionality of these sites.
Without being limited to these, the Open Knowledge Association declines in particular any liability if these sites:
Infringes the intellectual property rights of a third party;
Are inaccurate, incomplete or contain misleading information;
They are not of a commercial nature or do not fulfil a particular purpose;
Does not provide adequate security;
Contain viruses or other destructive elements; or
They’re licentious or slanderous.
Also, the Open Knowledge Association does not authorize the content or any other products and services provided on such sites. If you enter through a link on such sites or on this site, you personally assume the risk, without the permission of the Open Knowledge Association.
8. Revisions to these Terms of Use
The Open Knowledge Association may, at any time and without prior notice, revise these Terms of Use. You are required to comply with any and all such revisions and therefore you will need to visit this page of our website periodically to become aware of the updated Terms of Use. You are prohibited from using the site to post or transmit any material that is illegal, threatening, false, misleading, abusive, harassing, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane, or any material that could constitute or encourage conduct that could be considered criminal, may give rise to civil liability or violate any law. We will fully cooperate with any law enforcement authorities or any court order requesting or ordering the Association to disclose the identity of the person who’s posting or transmitting any such information or materials; you agree so that the Association, at its will, to terminate or discontinue your use of the Web-site, in the event of non-compliance with these Terms of Use. At the time of such suspension or termination, you must (a) cease use of the Site and (B) destroy any copies made of any part of the content. You will not hold the Association liable for any damages, costs, liabilities, expenses (including attorneys’ costs) and amounts for settlements related to any suit, claim or action brought by a third party against the Association as a result of (a) your negligence, misrepresentation, errors or omission, or (b) your breach of the terms of use and applicable laws or regulations.
YOU USE THIS SITE ON YOUR OWN RESPONSIBILITY. NEITHER THE ASSOCIATION, NOR ITS BRANCHES, AFFILIATES, DIRECTORS OR MANAGERS, NOR ITS AGENTS OR THIRD PARTIES INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, LOGICAL OR OTHER DAMAGES RELATED TO THE USE OF THIS SITE OR THE CONTENT, WHETHER BASED ON CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN WITH WARNING OF THE POSSIBILITY OF SUCH DAMAGES.
9. Applicable law and jurisdiction
These Terms of Use of this Site are governed by the laws of Romania. The competent courts of Romania within the radius of the Association’s headquarters shall have exclusive jurisdiction over any and all disputes arising out of or relating to or relating to the provisions of the Terms of Use and/or its content in the event of disputes in which these Terms of Use and/or this site will be considered relevant facts for such disputes.