1. Introduction

1.1 These terms and conditions shall govern your use of H-CLOUD community (https://community.h-cloud.eu).

1.2 By using H-CLOUD community, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use H-CLOUD community.

1.3 If you register with H-CLOUD community, submit any material to H-CLOUD community or use any of H-CLOUD community services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use H-CLOUD community; by using H-CLOUD community or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 H-CLOUD community uses cookies; by using H-CLOUD community or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice

2.1 Copyright © 2020 H-CLOUD project.

2.2 Subject to the express provisions of these terms and conditions:

(a) we (the H-CLOUD project consortia, composed by MARTEL, ACROSS LIMITS, EGI and IDC), together with our licensors, own and control all the copyright and other intellectual property rights in H-CLOUD community and the material on H-CLOUD community; and

(b) all the copyright and other intellectual property rights in H-CLOUD community and the material on H-CLOUD community are reserved.

3. Licence to use H-CLOUD community

3.1 You may:

(a) view pages and content from H-CLOUD community in a web browser;

(b) download pages and content from H-CLOUD community;

(c ) print pages and content from H-CLOUD community; and

(d) use H-CLOUD community services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 You may only use H-CLOUD community for your own personal and business purposes, and you must not use H-CLOUD community for any other purposes.

3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on H-CLOUD community.

3.4 Unless you own or control the relevant rights in the material or expressly authorized, you must not:

(a) republish material from H-CLOUD community (including republication on another website);

(b) sell, rent or sub-license material from H-CLOUD community;

(c ) show any material from H-CLOUD community in public;

(d) exploit material from H-CLOUD community for a commercial purpose; or

(e) redistribute material from H-CLOUD community.

3.5 Notwithstanding Section 3.5, you may redistribute documents available to the wide public on H-CLOUD website (https://www.h-cloud.eu) in print and electronic form to any person.

3.6 We reserve the right to restrict access to areas of H-CLOUD community, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on H-CLOUD community.

4. Acceptable use

4.1 You must not:

(a) use H-CLOUD community in any way or take any action that causes, or may cause, damage to the community or impairment of the performance, availability or accessibility of the community;

(b) use H-CLOUD community in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c ) use H-CLOUD community to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to H-CLOUD community without our express written consent;

(e) access or otherwise interact with H-CLOUD community using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for H-CLOUD community; or

(g) use data collected from H-CLOUD community for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from H-CLOUD community to contact individuals, companies or other persons or entities outside the community and beyond the scope of the community.

4.3 You must ensure that all the information you supply to us through H-CLOUD community, or in relation to H-CLOUD community, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use H-CLOUD community or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6. Registration and accounts

6.1 To be eligible for an account on H-CLOUD community under this Section 6, you must be 18 years old.

6.2 You may register for an account with H-CLOUD community by completing and submitting the account registration form on H-CLOUD community, and clicking on the verification link in the email that the H-CLOUD community will send to you.

6.3 You must not allow any other person to use your account to access the H-CLOUD community.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person’s account to access the H-CLOUD community, unless you have that person’s express permission to do so.

7. User login details

7.1 If you register for an account with H-CLOUD community, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on H-CLOUD community arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) edit your account details;

(b) temporarily suspend your account; and/or

(c ) cancel your account,

at any time in our sole discretion; we will give you notice of any cancellation under this Section 8.1.

8.2 You may cancel your account on H-CLOUD community using your account control panel. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. Your content: licence

9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or H-CLOUD community for storage or publication on, processing by, or transmission via, H-CLOUD community.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store and, with your specific consent, publish your content on and in relation to H-CLOUD community for the purposes of H-CLOUD project.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on H-CLOUD community.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c ) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

§ constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

® cause annoyance, inconvenience or needless anxiety to any person.

11. Report abuse

11.1 If you learn of any unlawful material or activity on H-CLOUD community, or any material or activity that breaches these terms and conditions, please let us know.

11.2 You can let us know about any such material or activity by email or using our contact form.

12. Limited warranties

12.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on H-CLOUD community;

(b) that the material on the H-CLOUD community is up to date; or

(c ) that the H-CLOUD community or any service on the H-CLOUD community will remain available.

12.2 We reserve the right to discontinue or alter any or all of H-CLOUD community services, and to stop publishing H-CLOUD community, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any H-CLOUD community services, or if we stop publishing the H-CLOUD community.

12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, H-CLOUD community and the use of H-CLOUD community.

13. Limitations and exclusions of liability

13.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c ) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3 To the extent that H-CLOUD community and the information and services on H-CLOUD community are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the H-CLOUD community or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14. Indemnity

14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of H-CLOUD community or any breach by you of any provision of these terms and conditions.

15. Breaches of these terms and conditions

15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to H-CLOUD community;

(c ) permanently prohibit you from accessing H-CLOUD community;

(d) block computers using your IP address from accessing H-CLOUD community;

(e) contact any or all of your internet service providers and request that they block your access to H-CLOUD community;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on H-CLOUD community.

15.2 Where we suspend or prohibit or block your access to H-CLOUD community or a part of H-CLOUD community, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

16. Third party websites

16.1 H-CLOUD community includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

16.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Variation

17.1 We may revise these terms and conditions from time to time.

17.2 The revised terms and conditions shall apply to the use of H-CLOUD community from the date of publication of the revised terms and conditions on the H-CLOUD community, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

18. Assignment

18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

19. Severability

19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Third party rights

20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

21. Entire agreement

21.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of H-CLOUD community and shall supersede all previous agreements between you and us in relation to your use of H-CLOUD community.

22. Law and jurisdiction

22.1 These terms and conditions shall be governed by and construed in accordance with Swiss Law.

22.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Switzerland.

23. Statutory and regulatory disclosures

23.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on H-CLOUD community. We recommend that you consider saving a copy of these terms and conditions for future reference.

23.2 These terms and conditions are available in the English language only.

24. Our details

24.1 This online community is owned by H-CLOUD Consortium and operated by MARTEL GMBH in relation to the H-CLOUD project.

24.2 Our principal place of business is at Ueberlandstrasse 111, 8600 Duebendorf
Switzerland.

24.3 You can contact us:

(a) using H-CLOUD contact form;

(b) by telephone, on the contact number published on Martel website from time to time; or

(d) by email, using the email address published on Martel website from time to time.