Term of Use

Welcome to the EBPH website.

EBPH is a Coordination and Support Action funded by Dr Patrick Samuel d'Almeida.

These general terms and conditions govern the use of and access to the website of EPBH ("EBPH"), and the services made available to users at http://www.ebph.eu ("this website" or the “Site”) and complement the general conditions of use that govern personal data, innovation, individual liberties by the Commission Nationale de l'Informatique et des Libertés ("CNIL") at www.cnil.fr, which also apply to EBPH.
Dr Patrick Samuel d'Almeida, responsible for this site, is domiciled at 1, place du parvis Notre-Dame. 75004. Paris, France, with tax number (VIES) FR 88 819007659.

Contact. Any questions regarding EBPH, the Site, our services or these terms should be addressed to the Project Coordinator Dr Patrick Samuel d'Almeida (sda@ebph.eu)

The summary notes at the end of each paragraph are only provided for guidance.

General use of the website. Use of this website and corresponding services by any user (“you” or User”) entails full acceptance of these terms, our privacy policy and the general terms of CNIL linked above, and any specific conditions published on the website, incorporated to these terms by reference. Accordingly, users are recommended to read carefully these terms and conditions and any instructions shown on the website each time they access the site.
By accessing the site, you agree to these terms.

We reserve the right to modify or delete at any time and without notice any content, services and information that are published in this website, as well as limit or modify these terms and conditions. Any modification will take effect as from the date of publishing and will bind any user accessing the page subsequent to publication. These terms may be saved and printed by the user using the "Print" function of the browser.
We may change these terms and the content/materials of the web from time to time.

Intellectual Property Rights. Independently of any free or open content license that may apply to any works published on EBPH, and except for works that are in the public domain, all other the elements of this website - including each individual work and the structure, arrangement and selection of those works - are covered by intellectual or industrial property rights. The rights in content, form, design and name of the products, tools, pages, brands, commercial names, logotypes, images, documents and graphics, belong to, or have been granted to or are the object of a license in the name of, Dr Patrick Samuel d'Almeida. The right to use these works in any manner, including reproduction, modification, distribution or public communication, are protected by law.
The materials on EBPH are protected by copyright laws. Some are licensed under open content licenses.

User Account
Registration. To post content to EBPH, you must create an account by completing the corresponding form with your details and agreeing to these Terms. You represent and warrant that all information provided by you is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis. Passwords are confidential and it is your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of your Account or any other breach of security known to you. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the EBPH services in accordance with these Terms. The privacy policy applicable to personal data collected and processed by EBPH is set out http://ebph.eu/privacy-policy

To post content, you must register and create an account. The account will be activated and remain in force unless terminated by either us or you hereunder. You may cancel your account at any time. All cancelations should be addressed to: contact@ebph.eu We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may provide you 7 days’ notice of termination in any other circumstance. On termination for any reason, your access to your account and all of its content will be disabled and your personal data will be deleted, except as maintained in backups (for back-up retrieval purposes only or for any contingency). The content you have posted to the site will be reviewed and, at your option, may be deleted or kept online.
Your account remains active, but we may suspend it if you breach these rules and your content may be removed.

Responsibility and Use. You are responsible for all activities undertaken under your account. In addition, by using the account to upload content to EBPH, or by using the EBPH service to send content, you hereby expressly agree that other EBPH users and third parties may view and share your content according to these terms. You agree not to use the EBPH account for any illegal or unauthorized purpose or any activity that infringes third party rights. Unless otherwise agreed in writing with us, you may not use the EBPH website portal for commercial purposes. You must not use the service in any manner that may deteriorate it or violates any laws (including but not limited to copyright laws). You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of your EBPH Account.
You are responsible for activity under your account, and you agree to comply with these terms and the law.

Security. You understand that the EBPH account can be used for transmission of your content, and that during processing, your content, including name, documents, document metadata, and certain account information may be transferred unencrypted over the internet.
Note that transmissions to EBPH over the Internet are open.

Interactive services and User content. EBPH provides services to users that allow them to post documents, information and other content on the web site, and now or in the future will provide distribution lists, chat rooms, newsgroups, forums, blogs, etc. ("interactive services"). Users must provide and use such content and services in accordance with current legislation, these terms and conditions, any specific conditions regarding the provision of these services, and ethical conduct. In particular but without limitation, users may not use this site in breach of any Intellectual and Industrial property rights (copyright, trademarks, trade secrets, etc.), confidentiality rights, nor of personal rights such as image, honour, and personal intimacy. Without limitation, you agree not to use such services to disclose, publish or disseminate any spam, illegal code/virus/malware, link(s) to web(s) that don’t follow the legal rules about cookies, confidential or misleading information or advertising, or other harmful uses that may damage the systems, reputation and interests of Dr Samuel d'Almeida, its licensees or its users. For the purposes of this website, flooding is considered as posting the same comment over and over in the same forum; spamming is considered as posting the same comment (or very similar) to more than one forum. All advertisements, chain letters, pyramid schemes, junk mail and any other forms of commercial solicitation are strictly prohibited.

In addition, users accept and agree not to preach hatred, sexism, racism or violence, not use obscenities or use ethnic slurs or to get personal or insulting in any way. Any material which is unlawful, harassing, threatening, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable. Material also cannot contain unsuitable or irrelevant website addresses or URLs. Links to pornography, commercial or other inappropriate content will be deleted.

Users can post content, data, comments and other content on EBPH. You agree that your content and behavior on the site will comply with these terms and the law.

Please see our copyright policy for guidance on posting information to EBPH.

Please note that EBPH is a user community and network and to develop this community certain of your user activity (uploading, downloading, comments, bookmarks) is visible to others users. You may also send and receive private messages to/from users.
Other users may see your activity on EBPH.

We are only responsible for the content we post ourselves to the Site. Contents posted by users are moderated by the community, as regards their quality and appropriateness for the site. Unless specifically requested we ourselves do not control or supervise contributions made by users and other third parties to the web site, for example, comments, posts, etc., except when required to by applicable law or competent court or administrative decision or to remove spam and other irrelevant or harmful content. If users spot any illegal or inappropriate content, or content they consider may be illegal, inappropriate or infringe these conditions, they should contact us through the project's email address at contact@ebph.eu with a description of the issue and the URL of the content and their identification, or eventually use the functionalities onsite for flagging content.
We do not review the content and metadata posted to the site, but the community does, and may notify us.

All third party content, announcements, comments, opinions, declarations or recommendations made within the interactive services shall exclusively be attributable to the User/s expressing such points of view. In no circumstances shall such announcements, comments, opinions, declarations or recommendations be attributable to EBPH, which will be held harmless by the User from any claims that may arise in relation to such User using these interactive services for the purposes prohibited in these terms or otherwise by law.
Only you are responsible for your posted content.

We reserve the right to eliminate at any time any content or contribution that infringes or may infringe these conditions, or prevent the reproduction or public communication of any content/contribution until proof is provided of ownership of the material provided or the legality of the contribution. In particular, and for precautionary purposes, EBPH may eliminate or suspend publication of such content when any contribution is reported to be illegal, infringe third party rights or not be sufficiently documented (without prejudice to EBPH's right to retain and keep on file internally a copy of the content in question while the legal situation is being verified and for the duration that is prescribed by law).
We may remove content at any time if it breaches these rules.

We also reserve the right to exclude any user from the interactive services and to suspend or close his/her account without prior warning should the user breach any of these terms.
We may also exclude users who breach these rules

IPR in the Interactive Services And User Content

Inbound (documents). When a document is uploaded or “posted” by a User to EBPH, together with any metadata or descriptive text associated to the document (“metadata”):

Documents are uploaded and licensed to EBPH and its users as follows:

(a) the User grants Dr Patrick Samuel d'Almeida (as operator of EBPH), Dr Patrick Samuel d'Almeida’s licensees and EBPH’s users the right to use and exploit such document and metadata in accordance with the license/s indicated by the User (usually Creative Commons licenses). The license applied to a document applies also to associated metadata.

You select the CC license for your document

(b) the User warrants to Dr Patrick Samuel d'Almeida (as operator of EBPH) that he/she has all necessary rights in the document and metadata to grant such license to Dr Patrick Samuel d'Almeida and the public and that the posting for publishing does not infringe any third party rights of any nature.

You warrant that you legally can post the document to EBPH.

Please see our copyright policy for guidance on posting content.

(c) the User will indemnify and hold Dr Patrick Samuel d'Almeida, Dr Patrick Samuel d'Almeida’s licensees and users harmless against all loss or damage suffered by either or any of them, directly or indirectly, as a consequence of any breach of the above warranty and/or breach of third party intellectual property rights, trade secrets, privacy rights or other third party rights, by such posting.

You will cover any costs if you breach other people’s IPR

Third party rights. The authors and editors of third party documents published or linked in EBPH retain all rights in the same, and are protected by national and international copyright laws.

Inbound (other content). Failing any specific license terms, all posts will be deemed to be posted under the terms of the CC-BY-SA (link is external) content license.

Outbound. The documents and document-metadata published by EBPH on the Site are distributed under the license indicated for each item (usually Creative Commons license). Unless otherwise indicated in this way, all other content on EBPH site and platform is licensed under the CC-BY-SA Spain 3.0 license (link is external).

Claims: Any claims notified to us by users in relation to infringements of intellectual or industrial property rights relating to any of the content contained on this web site must be sent to the following e-mail address: contact@ebph.eu In addition, the site includes specific functionalities for flagging content a user considers inappropriate, offending or a breach of these terms (in particular, illegal).

Liabilities. We do not guarantee the user the continued availability of EBPH platform or the supply of information or of the various services offered through it. As a result, users will not hold us liable for any damage or expense in the event of interruptions in the service, delays, malfunctions and, in general, any inconvenience whose origin lies in causes beyond the control of EBPH.
EBPH may not always be online.

We do not guarantee the use, results or infallibility of the contents provided over the website which, in all cases, are of an orientative and informative nature. This information was obtained from EBPH users as well as sources deemed to be reasonably reliable but should not be deemed infallible. This is so specifically taking into account the fact that GenPORT does not control, supervise nor makes itself responsible for third party content, including dynamic content which may change over time, linked to from this site. All opinions, measures, downloads or actions of any nature adopted by the user will be exclusively at their own account and risk.
We don’t warrant that all the data on the site is correct. We are not liable for information not posted by us on this site.

Dr Patrick Samuel d'Almeida does not assume any liability arising from (a) use made by the user of the content of the Site and services; (b) the content and opinions published by third parties herein; (c) any activity that constitutes breach by the user or third parties of these terms; or (d) for any damages that may be caused to the users' equipment due to possible computer viruses contracted by the user in browsing the website or for any other damages incurred due to their browsing.
We are not liable for third party users’ behaviour on the site.

The User shall hold Dr Patrick Samuel d'Almeida and EBPH consortium members harmless in the event of damages caused to third-parties as a result of the user's rightful or wrongful use of the products, services, contents or tools available on the website.
You will cover our costs caused by your incorrect behaviour

Dr Patrick Samuel d'Almeida, as operator of EBPH, will only be liable for loss or damages incurred by the user as a consequence of accessing the website or using the contents or tools on the platform when such damages are attributed to fraud, wilful misconduct or gross negligence on the part of Dr Patrick Samuel d'Almeida.
We will only be liable for fraud, misconduct or gross negligence on our part.

We reserve the right to modify, replace, update, renew, impede or restrict access, interrupt, block, temporarily suspend or cancel definitively any service, supply of information or any other content, either with regard to a specific user or in general, in particular when notified by any third party or administrative or judicial authority of any actual or potential breach of third party rights.
We can change the site when we want and we will try to notify you in case that your content could infringe these terms.

Links. Our site contains links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only. Unless otherwise expressly established in each case, EBPH does not intervene, participate in or assume any guarantee regarding the services or products offered by third party providers that may be accessible through hyperlinks or advertisements. For linked documents, we only provide access as references and the user must comply with the relevant license conditions established for each document.
The portal links to other sites, but we are not responsible for their content. Please verify the relevant third party conditions before using this content.

Contact and notifications. You agree to receive our email notifications related to the website and services. We will not share your email with 3rd parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Sites or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
You agree to receive email notices from us.

Law and Jurisdiction. These terms and conditions are governed by French Law. The parties expressly accept that any conflict arising out of or in relation to the application, interpretation or performance of these terms and the use of the services will be submitted to the exclusive jurisdiction of the competent Courts of Paris, France.
If we have a dispute, these terms are subject to French law and the dispute must be brought before the courts of Paris, France.