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Terms of service | GENERAL TERMS AND CONDITIONS The information on this site is subject to the following terms and conditions including a disclaimer and a copyright notice. The Reference Framework for European Sustainable Cities (“RFSC”) is an online service (“Website”) allowing Users to share, check and improve sustainable urban development strategies and projects, in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations Creating an RFSC account gives access to the Service. There are different types of accounts for different types of Users : · An official user representing a city or an institution is eligible to ask for a 'City / Institution administrator' account, that will allow him/her to access the entire RFSC website front office (and have a partial access to the back-office) · A city stakeholder (association, university, design office...) working with a city or an institution is eligible to a specific extension of rights. He / she shall follow a specific process asking the 'city/institution administrator' for a 'user institution' status. This ‘user institution’ (privileged city user) will access the entire RFSC website front office. · The ‘visitor’ or general user will access the RFSC website front-office with restricted uses and functionalities. 1. Disclaimer The goal is to keep this information timely and accurate. If errors are identified they will be corrected promptly. The French Ministry of Territorial Equality and Housing General Directorate for Development, Housing and Nature (referred as “The French Ministry” in the whole document) and the European Commission are not responsible for external material linked to this site. The French Ministry and the European Commission accept no responsibility or liability whatsoever with regard to the material on this site. This material is: · information of a general nature only which is not intended to address the specific circumstances of any particular individual or entity; · not part of any offer for sale or subscription or any invitation to offer to buy or subscribe for any items, nor should it or any part of it, form the basis of or be relied upon, in any connection with any contract or commitment whatsoever ; · not necessarily comprehensive, complete, accurate or up to date; · sometimes linked to external sites over which the French Ministry services and the European Commission have no control and for which the French Ministry and the European Commission assume no responsibility; · not professional or legal advice (if you need specific advice, you should always consult a suitably qualified professional). Please note that it cannot be guaranteed that a document available online exactly reproduces an officially adopted text, as such only European Union legislation published in the paper editions of the Official Journal of the European Communities should be regarded as definitive. The data contained on this website is for information purposes only. It has not been adopted or in any way approved by the French Ministry nor the European Commission. The French Ministry and the European Commission do not guarantee the accuracy of the data or information provided, nor accept responsibility for any use made thereof. Some of the documents and multimedia sequences on this server might contain references, or pointers, to information maintained by other entities. Please note that the French Ministry and the European Commission do not control and cannot guarantee the relevance, timeliness or accuracy of these outside materials. Users and Visitors should therefore take all necessary precautions before using this data, which they use entirely at their own risk. The views expressed are purely those of the author and may not in any circumstances be regarded as stating an official position of the European Commission or the French Ministry. Users’ content of this site is the sole responsibility of the Users and in no way represents the views of the French Ministry nor the European Commission. The material linked to or from the RFSC website, is not under the control of the services of the French Ministry nor the European Commission. This disclaimer is not intended to contravene any requirements laid down in applicable national law nor to exclude liability for matters which may not be excluded under that law. 2. Copyright notice © France, December 2012
3. Users Users can create an account by providing accurate and complete information. Users are solely responsible for the activity that occurs on their account and should keep their login and password secure. City/Institution administrators and user institutions that have accepted the terms and conditions of the RFSC Service are allowed to check, share and post information about sustainable urban development projects and strategies, including data, photos, plans, comments, texts and other material. Anything posted, displayed or otherwise available on the RFSC website including all intellectual property rights in such content is referred to as “ User Content. ” 4.User Content Any User Content posted, displayed or otherwise available on the RFSC website should not violate any law or infringe the rights of any third party, including any intellectual property rights publicity rights or rights of privacy. Users are responsible for the content put on the website. Any User Content that violates these Terms or any applicable law or regulation will be removed from the RFSC website. It is requested that Users carefully review the material when deciding whether to make User Content available on the RFSC website, as they are in the best position to know if the material posted is legally allowed. By making available User Content on the RFSC website, Users grant a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use display, reproduce, modify (i.e. reformat), re-arrange and distribute User Content on the RFSC website. 5. Visitors The RFSC Service is also accessible to Visitors, provided they have requested and obtained the corresponding login and password. Visitors are able to test the web tool and access it in consultation mode. The consultation mode allows the Visitors to use all the tools and save data for a limited period of time (24 hours). The Visitors are not allowed to share any projects or showcases in the network section. Their data is deleted every time they log out of the website. 6. Changes to the Service The administrator of the RFSC website may, without prior notice, change the Service, add features, stop providing the Service or features of the Service, to the users of the website, or create usage limits for the Service. 7. Personal Data Protection According to Regulation N° 45/2001 of the European Parliament and of the Council of (a) processed fairly and lawfully; (b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes. Further processing of personal data for historical, statistical or scientific purposes shall not be considered incompatible provided that the controller provides appropriate safeguards, in particular to ensure that the data are not processed for any other purposes or used in support of measures or decisions regarding any particular individual; (c) adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed; (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that data which are inaccurate or incomplete, having regard to the purposes for which they were collected or for which they are further processed, are erased or rectified; (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected or for which they are further processed. The Community institution or body shall lay down that personal data which are to be stored for longer periods for historical, statistical or scientific use should be kept either in anonymous form only or, if that is not possible, only with the identity of the data subjects encrypted. In any event, the data shall not be used for any purpose other than for historical, statistical or scientific purposes.
8. Termination Users may close their account at any time by sending an email. The general administrator of the RFSC website may permanently or temporarily terminate or suspend any user's account or access to the Service for any reason, without prior notice or liability to the user. Violation of any provision of the RFSC terms and conditions may cause the termination or suspension of the RFSC user account or access at the sole decision of the RFSC website general administrator. Upon termination of the use of the Service, the user continues to be bound by the disclaimer, copyright notice and terms and conditions pertaining to the RFSC website. Following termination or deactivation of any user's account, or if any content is removed from the user's account and boards, the general administrator of the RFSC website may retain this removed for a reasonable period of time for backup, archival, statistical, or audit purposes. 9. Conciliation, Jurisdiction and Governing Law. For any dispute regarding the use of the RFSC, the user agrees to first contact the general administrator and attempt to resolve the dispute informally. These Terms shall be governed by the internal substantive laws of 10. General Terms. Notification Procedures and changes to these Terms. The RFSC administrator or the RFSC Helpdesk on behalf of the European Commission may provide notifications, whether such notifications are required by law or are for promotion or operational related purposes, by email notice, or through posting of such notice on the website. RFSC Directors of publication reserve the right to determine the form and means of providing notifications to the user, provided that the user may opt out of certain means of notification as described in these Terms. If necessary notifications will be provided to the user if these terms are modified or updated from time to time. When these Terms are changed in a material manner, the RFSC general administrator will update the ‘last modified’ date at the bottom of this page. The continued use of the Service after any such change constitutes a tacite acceptance of the new Terms of Service. The RFSC general administrator is not responsible for any automatic filtering the user or its network provider may apply to email notifications sent by the RFSC administrator or the RFSC Helpdesk on behalf of the European Commission to the email address that the user provided. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the user, but may be assigned by RFSC administrator without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms, together with any amendments and any additional agreements the user may enter into with the general administrator of the website in connection with the Service, shall constitute the entire agreement between the user and the general administrator of the RFSC website concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and RFSC administrator’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Contact.
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