Terms and conditions for using XANDAR Website
XANDAR is a three-year Research and Innovation Action project funded under Horizon 2020 framework under call ICT-50-2020: Software Technologies.
These Terms of Service (hereunder “Terms of Service”) state the terms and conditions of our Users visiting XANDAR Website, as the rights and obligations of the Users and University of the Peloponnese.
The owner of XANDAR Website is the University of the Peloponnese (Erythroy Stavroy 28 & Karyotaki, 22131, Tripolis, Greece, www.uop.gr).
This Agreement applies only to our website and not any links leading outside of it.
User is free to visit XANDAR Website.
2. Definitions and interpretation
For purposes of this Agreement, the following definitions apply:
- “we”, “us”, “our”, and “XANDAR” refers to the University of the Peloponnese and its laboratory with the name “Embedded System Design and Applications Laboratory’’, ‘esda-lab.gr’ regarding its XANDAR https://xandar-project.eu
- “you”, “your”, “yours” and “User(s)” refers to any visit of the Software.
- “Software”, “Platform” refers to the Website owned by XANDAR and used by you.
- “Service(s)” refers to the information regarding the services we provide as XANDAR
By visiting our website, you enter into a legally binding Agreement with the University of the Peloponnese, for provision of Services. If you do not agree to this Agreement, please do not access or otherwise use any of the XANDAR Services. You can terminate this Agreement, at any time, by no longer accessing or using our Platform.
XANDAR Services provided are free of charge. The Agreement is concluded for as long as you use the Platform.
4. Personal data
5. General terms and conditions of Services
We render the Platform and the Services available free of charge.
We decide on the content of the Platform and the scope of the Services at our sole discretion, in particular we reserve the right to close the Website or stop providing some Services.
Furthermore, we reserve the right to:
- assign any rights to the Platform or to close the Platform or part of it without a consent and notification of the User;
- post-stop Service provision due to maintenance or modification of the Platform;
- refuse to provide the Services if the User is violating these Terms;
- modify the Services, tools and the way the Platform is operated;
- cease to provide the Services;
- delete of any User data and to take all other legally authorized activities related to the Platform, according to data law provisions for which the User will not be entitled to any claims against us.
6. Prohibited Uses
Except as specifically permitted herein, without our prior written consent you agree not to: (i) use, modify, incorporate into or with other software, or create a derivative work of any part of the Platform or any software uploaded to the Platform from Members unless you are written expressly permitted to; and (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under this agreement with or to anyone else; (iii) copy, distribute or reproduce the application for the benefit of third parties; and/or (iv) modify, disassemble, decompile, reverse engineer, revise or enhance the Software or attempt to discover the Software’s source code.
7. Technical conditions
In order to enjoy the functionalities of the Platform, the User shall satisfy the following minimum technical conditions:
- a device with the Internet access which enables displaying the Platform interface;
- an installed and updated Internet browser: for example Microsoft Internet Explorer 8.0 or higher, Microsoft Edge 86.0 or higher, Mozilla Firefox 20.0 or higher, Apple Safari 4.0 or higher and Google Chrome 23.0 or higher or any other browser;
We stipulate that using the Platform may involve standard risk related to the use of the Internet and recommends that Users take appropriate steps to minimize them (e.g.: protect the system from viruses and other malware).
We reserve the right to perform maintenance or repair works of the Platform, as well as to update its functionalities at any time without notification to the Users. In such cases, the access to the Platform may be hindered for a period not longer than 72 hours. Performing such actions or updates shall not constitute an infringement of these Terms and conditions or the Agreement.
8. Intellectual property rights and right of the third parties
Any and all content, including but not limited trademarks, logos, symbols, domain names, trademarks, designs, industrial designs, images, photographs, backgrounds, icons, navigation tools, texts, among others, of the present Software or related to products and goods displayed on the Platform regarding our Services are protected by copyright and intellectual property and are owned by us or third parties authorized by us to develop activities on the Platform. User agrees to respect our intellectual property rights and others and is aware that intellectual property in this Software can never be used in any manner and in any media without our prior written permission of their owners. We are not liable for damages suffered by a User who has copied, transferred, distributed or otherwise protected content used in this Software, violating rights of third parties.
We hereby grant you a non-exclusive, non-transferable, right to use the Software and our Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this agreement. Our licensees and we reserve all rights not expressly granted to you.
By entering into this Agreement and using the Platform and our Services, to the extent permitted by law, you agree that you shall defend, indemnify and hold us, our licensors and each such party’s parent organizations, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, shareholders, officers, directors, employees, representatives, members, attorneys, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the software and its contents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including personal data) of the users as made available on our Software, (iii) the services rendered by the Members, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you (including attorneys’ fees and costs), pursuant to, arising out of or in connection with the use, inability to use or delay or virus or trojans of our or our software and/or the server that the software is hosted, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to us and/ or the user (its employees, directors, officers, agents, representatives or affiliated companies)(including attorneys’ fees and costs), including any (partial) cancellation, strike, force majeure or any other event beyond our control (vi) any information on this Software sometimes linked to external sites over which our Services have no control and for which we assume no responsibility (vii) any User violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein.
We shall provide IT infrastructure and ensure its smooth technical operation, what shall constitute the scope of its liability for the Platform and the Services. We shall not grant in particular any guarantees for quality of the Services, or any other, express or implied, guarantees in the scope of the Platform operation.
We shall not be held liable for any liabilities of third parties using the Platform for example Users against Users.
We shall not be held liable for any damage resulting from the operation of the Platform related to circumstances remaining beyond its control, and shall not be held liable for any damage related to:
- any acts or omissions of the Users or third persons, in particular infringing the provisions of the Terms of Service;
- lack of access to the Platform resulting from reasons attributable to the User of third persons;
We shall not bear any liability against the User for damage caused by the unintentional fault and shall be liable for the damage only to the extent of actual losses incurred by the User being not a consumer.
We do not verify links shared by the Users on the Platform and shall not be held liable for the content of websites connected in such a way with the Platform. The User uses such websites at its own risk.
We shall not be liable to the User breaching the Terms for any damage caused as a result of ceasing to provide Services to them.
11. Reporting infringements and complaints
The User who has noticed data of unlawful nature, in particular infringing copyrights and good manners, shared on the Platform, should immediately notify us on such fact at the e-mail address firstname.lastname@example.org. If we do not receive reliable information on unlawful nature of data or activity related to them, then we shall immediately prevent access to such data, but first shall notify you, who have placed such data on the Platform on your intent to prevent the access to them. In such cases, we shall not be held liable against you for any damage resulting from preventing the access to such data.
You have the right to file a complaint concerning operation of the Platform. The complaint should include at least details enabling identification of the User (first and last name, address for correspondence, optionally telephone number) and state reservations and comments concerning the Platform or the Services and the circumstances justifying these reservations and comments. The complaint shall be sent at the e-mail address email@example.com or at the address of the registered office of the University of the Peloponnese as stated at the beginning. If the complaint needs to be complemented, then we shall request the complaining person to make the complaint more specific.
We shall take a stance towards the complaint within 14 (fourteen) days from the receipt of such complaint if it had been filed correctly. You shall receive a response at the address, from which the complaint has been sent, or at the address stated in the complaint notification form.
13. Final provision
We reserve the right to modify this Agreement and our Policies. The amendments shall become effective upon the lapse of 7 (seven) days from the date of their publishing on the Platform website. If the Member continues using our Website after the said period, then it shall be assumed that it has accepted the amendments.
Should any of the provisions of the Terms of Service be deemed invalid, illegal or unenforceable, then validity of the remaining part of the Terms of Service shall remain intact.
Platform official language is English. All documents are provided in English. All request and complaints should also be in English. To the extent allowed by law, the English language version of this Agreement is binding and possible translations are for convenience only. This Agreement (including additional policies and terms for services) is the only agreement between us regarding the Services.
If we don’t act to enforce a breach of this Agreement that does not mean that we have waived its right to enforce this Agreement.
User may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our prior written consent. However, you agree that the we may assign this Agreement to its affiliates or a party that buys it without your consent.
To any matters not specified in these Terms of Service, relevant provisions of the Greek law shall apply. The Greek law is also the governing law for liabilities resulting from the Agreement and the Terms of Service. EU law applies as far as the protection of personal data is concerned.
The parties shall attempt to settle any dispute resulting from performance of the provisions of these Terms of Service in an amicable way. In the absence of agreement, disputes shall be settled by the common court having jurisdiction over the registered office of the University of the Peloponnese.
These Terms of Service shall be effective as of: April 1st, 2021