Please read these Terms of Use, the Privacy Policy and the Disclaimer carefully, before starting to use any of the I-Media-Cities web services.

Introduction

Welcome to I-Media-Cities. These are the general terms and conditions on which we supply all our services. If you use our services, you agree to abide by these terms.

At I-Media-Cities we supply a lot of different services. Some of them will have specific terms tailored for them. If that is the case, I-Media-Cities’ contract with you for that service will be on these terms, supplemented by any terms specific to the service. In the case of any conflict, service specific terms will take precedence.

We process personal data in accordance with the Open access to research data policy of the European Union and the EU General data Protection Regulation (GDPR). As part of this agreement you consent to our doing so. You should read the privacy policy carefully, especially if you have any concerns about your privacy.

Warning: unless we have agreed a particular level of service with you, we make absolutely no promises about the quality or existence of any of our services. Please read the sections below and our general exclusion of liability.

All use of our web services are subject to our terms for web users (See point 2 below). In point 4 below you can also find some general terms and definitions.

Terms of Use for our web services

Web services include any of our websites.

A.      What you agree to

You agree not to use our websites to do any of the following:

  • Anything which is illegal either where you are in the world, or where we are.
  • Please refrain from the use of any inappropriate or hurtful language. I-Media-Cities in no way condones racism or any other form of prejudice. Please remember that anything you write on the internet can and will be found and read by several different people. I-Media-Cities will remove any hurtful or inappropriate comments and contributions and might deny offenders access to any part of their web services.
  • Try to remember that not everyone has the same opinion as you might have. Not everybody considers history in the same way. If something is not clear, always ask for clarification first.
  • Cause nuisance to other users of our services
  • Interfere with the normal running of our services
  • Try to access our systems in a way other than those advertised by us and, in particular, to extract or download content from our platform. For more information on this, see item B of these terms, for more information.
  • I-Media-Cities retains the right to judge, edit or remove any contribution and comments from its users and visitors. If any of these contributions are considered to be inappropriate by I-Media-Cities, they will be edited or removed without I-Media-Cities having to give formal notice of this change.
  • If you consider any of the contributions or comments on any of the web services of I-Media-Cities to be inappropriate or hurtful, please don’t hesitate to contact us via I-Media-Cities@cinematek.be.
  • I-Media-Cities wants to hear from you. Please submit all your questions, comments and or recommendations via I-Media-Cities@cinematek.be.

B.      Inappropriate use of the I-Media-Cities web services

  • You agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without I-Media-Cities’ prior written authorization, unless I-Media-Cities makes available the means for such distribution through functionalities offered by the platform.
  • You agree not to access Content through any technology or means other than the pages of the Website itself, the content players, or such other means as I-Media-Cities may explicitly designate for this purpose;
  • You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the platform or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the platform or the content accessible via the platform.
  • You agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the platform, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by I-Media-Cities via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
  • You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of I-Media-Cities or the respective licensors of the Content.
  • You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the YouTube servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.
  • It is not permitted to use any information on our web services to extract and collect any user’s personal data or any other kind of user information.
  • Without our express consent, it is not permitted to use any part of our web services to contact any of our users with commercial or other types of messages and comments.
  • It is not permitted to use any part of any of our web services to distribute any messages of a commercial or idealistic nature. It is a given that this is also not permitted by distributing them as a contribution or comment.

C.      Other websites

Some of our activities are carried out on web platforms provided by third parties. For example the geolocation tagging is hosted on Google. If you make use of any service where that is the case, you are responsible for complying with any terms of service of the third party platform.

The web services of I-Media-Cities might contain hyperlinks to third party websites. I-Media-Cities has no claims nor control over these third party websites and the user has to comply to any and all terms of service applicable to this third party platform. I-Media-Cities cannot be held accountable or liable for any damages that might derive from the use of these third party websites and platforms.

D.      Accounts

Some of our services require you to create an account in order to make certain, or any, use of the service. Your personal profile consists of at least your user name and an email address.

By logging in to your user account, you are able to contribute to certain parts of our web services. Your activities will be linked to your personal account. You are allowed to remove anything you have added to any part of our web services. Please also carefully check the Privacy Policy of I-Media-Cities.

Your profile is protected by a password, which you yourself have chosen. Please keep this password private and never share it with anyone else. Change your password regularly.

All our accounts are subject to the following rules.

Rules for our accounts

  • You must be at least 18 years old and a human being.
  • If asked for any personal details, you must answer truthfully (see our privacy policy for what we do with those details). You must supply us with a valid e-mail address.
  • You are responsible for the security of your accounts and making sure that any contact details in the account are kept up to date. If we need to contact you but are unable to do so, for example because your e-mail address is no longer valid, then any consequences of that failure will be your responsibility.
  • You must not let anyone else use your account. If pressure is applied to you to do so — for example if an employer demands your username and password — please inform them that their attempt to subvert your agreement with us will mean that they have no permission to use any of our services. We may take action, including criminal prosecution, if they use our services using an account they have obtained in this way.
  • You must let us know of any un-authorized use of your account as soon as you are able to after becoming aware of it. Please contact us via I-Media-Cities@cinematek.be
  • Unless an account is associated with a paid-for service, we may suspend or terminate it at any time. Equally, you may close your account at any time

Removal of your accounts

You can ask to review all information contained in your user profile or even to have your user profile  removed at any given time. In order to do so, please send a message with your request to I-Media-Cities@cinematek.be. In case of an account removal, I-Media-Cities retains the right not to remove parts of or entire contributions attached to that account, if I-Media-Cities judges these contributions to be of general use to the web services. If that is the case, I-Media-Cities will take over the copyright and responsibility of these contributions. If expressly asked, I-Media-Cities will also change the user name and source attached.   The I-Media-Cities Consortium will reply within four weeks of them receiving your request whether and to what extent your request will be fulfilled.

E.       Community Members

Our most important class of account is one you may create in order to become a community member. By registering as a community member, you are acknowledging your connection to us. You are subject to any rules for community members we may publish and we may send you email messages we think appropriate for members, for example in order to poll you on some important issue.

Community membership is not membership in the formal sense of membership of a company limited by guarantee.

F.       Content and intellectual property

General Rules

  • Users of our web services with a personal account, can contribute to specific parts of our web services.
  • Contributions you provide to any part of the web services can be indexed and tagged, which will allow them to be linked to other contributions on and parts of the web services.
  • Contributions and comments are public and visible for all users and visitors of the I-Media-Cities web services. You are always responsible for the content of your own contributions and comments.

Intellectual Property

  • When you provide any contribution, you guarantee that you are licensed to provide this contribution or comment and that you do not infringe on the intellectual property of any third party. You are at all times obligated to provide a correct mention of sources and rights holders, if applicable to your contributions.
  • I-Media-Cities retains the right to edit or remove any contributions and comments any of its users or visitors have made on any part of its web services, if these contributions or comments are not in line with our terms of use or constitute an infringement of any of our terms of use or data policies.
  • If I-Media-Cities is approached by a third party because of a copyright infringement as a result of one or more of your contributions or comments on one of our web services, you will be hold accountable for any costs, claims and damages I-Media-Cities might encounter as a result. I-Media-Cities will do its utmost to limit these claims and costs. I-Media-Cities will immediately edit or remove any of its users’ or visitors’ contributions that have been reported on as copyright infringement.
  • User or visitors that repeatedly infringe on our terms of use or any of our policies and/or licenses, will be permanently or temporarily refused access to any part of our web services.
  • Except in cases where a third party has any copyright claims on any part of your contributions or comments, you are considered to be the copyright holder of any comment and contribution you make on any part of our web services. If you feel that you are the copyright holder of any contribution or comment anybody else has provided to the I-Media-Cities services, please contact us immediately via I-Media-Cities@cinematek.be
  • I-Media-Cities is and wants to be an open source of information. Information available on our web services must be able to be shared and re-used by third party websites and for educational purposes. I-Media-Cities will do its utmost to provide a possibility to share information through other channels, such as Github.

What we do with your content

If you contribute content to any of our services, for example by commenting on a task, or uploading data, then as a general rule you agree to license that content to us under the same license as prevails for that service or website.

The only exception to this policy is where a service we supply to you expressly allows a different license, for example a task run submitted to a given project would contain your data under whatever license — including no license — you choose.

G.     Our content

Unless otherwise stated all our services and content are offered under open data licenses and you should refer to the provisions of the license in question to find out what you are allowed to do. Some of our data belongs to third parties. Most third party data is subject to an open license, but we cannot guarantee it. You should refer to the third party if you are in doubt.

The contact information of the specific party that can help you with any questions on ownership of the content is clearly listed with every specific content item on the I-Media-Cities website.

You are obliged to always mention I-Media-Cities when referencing any part of us under license and provide a link to the correct part of our web services.

All parts of the brand, the trademarks and the logos of I-Media-Cities are protected under copyright law and can in no way be licensed or reused by unauthorized parties.

H.     Ownership does not change

As a general rule, this agreement will not change the ownership of any intellectual property belonging to either party. Where your content is used by us or vice versa both you and we would do so under a license (see above).

I.        Liability

Indemnities where you may owe us

If you breach any of your obligations under this agreement and, as a result, cause us to be sued by anyone else, you will have to compensate us for any loss we have suffered as a result, which includes any costs, such as paying lawyers, or for our own time, we incur defending a claim as well as any damages awarded. If your breach causes you to be sued by someone else, you will not sue us for any loss you suffer as a result.

Unless clearly expressed otherwise, all contributions by any of our users and visitors on any of our web services are the responsibility of our users and visitors. In other words, no rights or claims towards I-Media-Cities can be attributed to any of contribution or comment made by users or visitors on our web services.  I-Media-Cities cannot be held accountable for any damages that might occur as a result of any contributions or comments any user has provided to any part of the I-Media-Cities web services.

Exclusion what we do not owe you

We limit our liability in several different ways – all of which we believe to be fair. In case any one of them is found to be unenforceable by a court, each of the following limitations of liability is separate and our liability to you is limited by all of them.

  • All exclusions of liability are only in so far as we are allowed to do so by whatever law applies to the situation.
  • We will not be liable for any damage that was not reasonably foreseeable at the time we made this agreement.
  • We are not liable for any loss which is indirect or consequential. That includes any loss of business or profit.
  • We exclude, in so far as we are allowed, any warranties that would be implied by law.

    Open Licenses

For datasets, we make a distinction between source data and derived data. Our crowd-sourcing projects use digital source data (for example films, photographs, scanned documents) to allow contributors to complete research tasks such as the tagging and transcription. This source data will not typically be available through a Creative Commons license, as the institutions owning the archival material have asked that commercial use is prohibited without further consultation.

All the derived data, produced with the help of volunteers via use of any of our web services, is licensed under Creative Commons licenses, depending on case-by-case agreements with our partners.

Check the project’s information pages for further details about which specific licenses have been applied.

General conditions

We may update these terms and conditions at any time. If we do so, we will announce the change via our main site (www.imediacities.eu). Any changes will be binding on you from the moment we announce them. All terms, policies and rules applying to I-Media-Cities will always be accessible and available on a dedicated part of the website.

This agreement is made under the laws of Belgium. I-Media-Cities will always try to solve any problems and differences of opinion amicably and through communication. If all else fails, these differences will be referred to a court of law in Belgium.

Boilerplate

These final “boilerplate” terms should go without saying, but we are saying them anyway just to be clear.

  • If any part of this agreement is ineffective, then the rest of the agreement should be read without it.
  • This agreement is between you and us and is not intended to give anyone else any rights.
  • We may sometimes fail to enforce our rights under this agreement (for example because we decide not to, or we did not realize you were in breach of contract). Just because we have not enforced any of our rights, does not stop us from doing so in the future.
  • Neither party is liable for anything which is beyond their reasonable control.
  • If for some reason beyond I-Media-Cities’ reasonable control, we are unable to or it would not be commercially viable for us to, continue to supply any of our services, we may cease to supply that service, ending any agreement between us for its supply. If we do so, we will return to you a fair proportion of any sum you have paid us in advance for the supply of that service, taking into account the service we have already supplied to you.

Further Information

I-Media-Cities and any of its web services are copyright protected and controlled by the I-Media-Cities Consortium. Any comments, questions and complaints can, at all times, be directed to the address and telephone numbers below.

I-Media-Cities Consortium

Cinematek

Rue Ravenstein 3

1000 Brussels

Belgium

Telephone: 0032/2 551 19 00