terms and conditions of use
The use, including the consultation, of any of the pages of the website at www.memoriecolectiva.org and www.acollectivememory.org (hereinafter referred to as « the Website ») implies full acceptance of the terms and conditions set out below (hereinafter referred to as « the Terms and Conditions »). Asociatia Collage City. Arta. Arhitectura® (hereinafter referred to as « ACCAA ») provides cultural and archival services, in particular the collection and use of images (of any type, format, technique, subject and on any medium) from the Romanian territory during the period between 1950 and 2000, but not limited to it. Anyone accessing any of the pages of the Website agrees fully and unequivocally to the provisions of the Terms and Conditions.
For the best use of the Website operated and managed by ACCAA, we recommend reading carefully the following Terms and Conditions. ACAA is entitled to make any changes to those provisions, as well as any changes to the Website or its structure or any other change that could affect the Website, without prior notification, in any form, to the user of the Site. ACAA shall not be liable for any errors that may occur on the Site, regardless of the cause, including errors caused by modifications, settings, upgrades, malfunctions of the host servers, etc.
ACCAA shall not be answerable for the existence, content, quality or nature of the websites reached through links from the Website, regardless of the nature of those links. The owners of the respective websites are solely liable for their sites.
1. Intellectual Property Rights
The entire content of the Website at www.memoriecolectiva.org and www.acollectivememory.org, including, but not limited to, texts, images, sounds, audio and video tape transcriptions, charts, signs, buttons, programs, web design elements, hidden elements, data bases, writings, computer programs, as well as any other data and information (hereinafter referred to as "the Content"), is property of ACCAA, or is lawfully and exclusively used by ACCAA, and is protected by copyright laws and intellectual and industrial property right laws. The arrangement of the Website's elements (e.g. the design of the Website) is the exclusive property of ACCAA and is protected by copyright and associated rights, as well as by Romanian and international intellectual and industrial property right law. The use of any of the elements listed above without the express written consent of ACCAA shall be punished under the laws in force. All the programs used on the Website are property of ACCAA and are protected by the applicable legislation. All the signs used for the identification of the ACCAA products and services are registered trademarks and owned exclusively by ACCAA.
ACCAA trademarks (including, but not limited to: a collective memory 1950-2000® or memorie colectiva 1950-2000®), the ACCAA a collective memory1950-2000 or memorie colectiva 1950-2000 logo’s and any other product or service name or slogan contained in the Site are trademarks of ACCAA and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ACCAA or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "ACCAA" or any other name, trademark or product or service name of ACCAA without our prior written consent. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ACCAA and may not be copied, imitated or used, in whole or in part, without our prior written consent.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use an ACCAA logo or other proprietary graphic of ACCAA to link to this Site without the express written consent of ACCAA. Further, you may not frame any ACCAA trademark, logo or other proprietary information, including the ACCAA Content, without ACCAA's express written consent.
ACCAA makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of ACCAA and ACCAA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. ACCAA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ACCAA of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site, because ACCAA is not responsible for their respective terms and policies and has no relationship with the owners of these sites.
2. Access to the Website and Content
ACCAA offers to its users a limited access to the Website which does not grant them the right to download or modify wholly or partially the Website, to reproduce it in whole or in part, to copy, to sell/resell or to exploit the Website in any other way for commercial purposes or purposes contrary to the interests of ACCAA without the written consent of ACCAA.
Use of any of the Content, which would be defamatory, pornographic or otherwise unlawful is prohibited. Use of any of the Content in any other manner than the one agreed upon with ACCAA is strictly prohibited and infringement of this obligation allows ACCAA to immediately terminate any agreement with you.
You are specifically prohibited from:
- downloading, copying, or re-transmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with ACCAA;
- using any data mining, robots or similar data gathering or extraction methods;
- manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology;
- registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service of ACCAA if you are not expressly authorized by such party to do so;
- using the Site or the Content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes and you bear the entire responsibility for such unauthorized use.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of personal data exported from or to Romania or the country in which you reside.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that ACCAA shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. ACCAA protects the privacy data of the person or photograph that deals with ACCAA based on written agreements, according to these Terms and Conditions.
You expressly declare and warrant refraining:
- from sending to, in connection with, or through the Site any message, comment, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- to encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of Romania and of the European Union or any of its member states.
3. Electronic communications
By electronic communication we mean accessing, using or visiting the Website or its elements, or sending emails to ACCAA. By communicating electronically with ACCAA, the user expressly agrees to receive electronic notifications by ACCAA, including by e-mail, announcements/opinions, newsletters, etc.
As author, owner and webmaster of the Website, ACCAA respects the privacy and the security of the processing of the personal data of every person who visits the Website with a view to obtaining cultural and archival services, especially by buying rights on images (of any type, technique, subject, on any medium) from the territory of Romania during the period between 1950 and 2000, but not limited to it. In accordance with the dispositions of law no. 677/2001 on the person’s protection as regards the processing of personal data and the free circulation of these data and of law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, ACCAA is obliged to manage the personal data provided by the visitors of the Website under secure conditions and only for the purposes specified below.
5. Personal data
In accordance with the requirements of law no. 677/2001 on the person’s protection as regards the processing of personal data and the free circulation of these data, amended and supplemented and of law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, ACCAA, a non-governmental organisation of Romanian nationality, CIF 22272987, with its headquarters in Bucharest, Asociatia Collage City. Arta. Arthitectura, cp. 15-81, Bucharest 15, Sector 5, zip code 053120, tel: 004 0731 378 599, firstname.lastname@example.org, represented by Mr. Paul Cosmovici, as representative, is obliged to manage the personal data provided by the users of the Website under secure conditions and only for the purposes specified.
The purpose of the collection of data is the providing of cultural and archival services, in particular images (of any type, format, technique, subject and on any medium) from the Romanian territory during the period between 1950 and 2000, but not limited to it.
The users are obliged to provide the data, to the extent that it is necessary for the fulfilment of a contractual relationship concluded between the respective user and ACCAA, or for the performance of measures or actions requested by the user. The refusal by the user to do so, shall lead to the non-performance of the service agreement by ACCAA, or the failure to carry out the requested measures.
In accordance with law no. 677/2001, you have the right to access and intervene on the data, the right not to be subject to an individual decision and the right to take legal action. As well, you have the right to object to the processing of your personal data and to request its deletion. Your can exercise those rights by sending a written request to ACCAA, a non-governmental association of Romanian nationality, CIF 22272987, with headquarters in Bucharest, Asociatia Collage City. Arta. Arhitectura, cp. 15-81, Bucharest 15, Sector 5, zip code 053120, tel: 0040 73 137 85 99, email@example.com, represented by Mr. Paul Cosmovici, as representative. Besides, your right to take legal action is recognized.
If any data about you is incorrect, please inform us as soon as possible. If you do not inform us within 24 hours of accessing this Website, we shall consider that you have accepted that all the data about you appearing on this Website is correct and complete.
Anyone has the right to object to the processing of personal data for any legitimate ground. This right to object can be excluded for some processing provided for by law (e.g.: processing performed by financial and tax authorities, police, justice, social security). Hence, this clause cannot be invoked if the processing is mandatory; besides, anyone has the right to object to the processing of personal data for purposes of direct marketing, free of charge and without justification.
On the site at www.memoriecolectiva.org and www.acolectivememory.org , the user is responsible for any activity occurring by accessing the Website. ACCAA assumes no liability for the errors occurring through the negligence of the user regarding the security and privacy of his personal data.
The personal data of the user shall be used by ACCAA with the consent of the user only for the specified purpose of the Website and his elements, i.e. the providing of cultural and archival services, in particular images (of any type, format, technique, subject and on any medium) from the Romanian territory during the period between 1950 and 2000, but not limited to it. However, the personal data shall be transmitted to the authorities entitled to perform any verification justified by law if they shall request it in accordance with the laws in force. In accordance with the provisions of law no. 677/2001 on the person’s protection as regards the processing of personal data and the free circulation of these data amended and supplemented and of law no. 506/2004 on the processing of personal data, ACCAA is obliged to manage the personal data you provided under secure conditions and only for the purposes specified below.
6. Security of information
ACCAA respects the security and privacy of the data transmitted through its computer system. However, ACCAA assumes no liability for the loss of information caused by any malfunction or error of the software the Website is designed and hosted with. Likewise, ACCAA does not warrant that the Website, the server/servers or the e-mails sent from firstname.lastname@example.org or email@example.com do not contain viruses or other harmful components. In addition, ACCAA shall not be held responsible for the malfunctions jeopardizing the security of the server hosting the Website.
7. Comments, communications and other data/information
Anyone accessing/visiting the Website can leave comments or any other communication, transmit suggestions, ideas, questions or other information, as long as the content of the latter is not illegal, obscene, threatening or defamatory and does not disturb the private life of other persons, does not infringe on intellectual property rights, does not contain viruses, texts related to promotional campaigns, chain letters, bulk e-mails or any other form of "SPAM". Anyone using a fake e-mail addresses or transmitting electronic messages or any other communication on behalf of another natural or legal person or on behalf of any other entity shall be held accountable in compliance with the laws in force. ACCAA has the right (but not the duty) to delete any such contents identified on the Website. ACCAA shall not be held responsible and shall not provide any compensation for any sort of damage caused by such communications. When sending or posting material or documents, the user grants ACCAA the exclusive, unlimited, free, irrevocable and transmissible right to use, copy, modify, adapt, publish, translate, create derivative work, as well as the right to distribute, communicate and display the contents. He also grants ACCAA the right to assign or license, or the right to use the name associated with such content. The user warrants that he owns all the rights on the content displayed or sent on the Website, in any manner, so that the use of the content shall cause no harm to anyone. ACCAA assumes no liability for the content of the messages/communications posted/sent by any user via the Website.
8. Liabilities with regard to the providing of cultural and archival services, especially images (of any type, format, technique, subject and on any medium) from the Romanian territory during the period between 1950 and 2000, but not limited to it.
ACCAA does not warrant that the information published on the Website is devoid of errors or that it is complete or correct. ACCAA assumes no liability or responsibility for any prejudice resulting from the use in any manner of the commercial information obtained through the Website. ACCAA does not warrant and shall not be held responsible if the information does not match the purpose intended by the user. Likewise, ACCA shall not be liable or responsible for the functioning of the Website, its information, content, materials or activities on the Website. ACCAA cannot be held responsible for incongruities or lacks occurring with regard to the information displayed on the Site, the comments, the quality of the latter or any other aspect. Any complaint shall be brought to the attention of ACCAA within maximum 24 hours from the reception of the incongruity.
9. Limitation of liability
ACCAA shall not be held responsible and makes no warranty of any kind, either express or implied, as to the functioning/functionality of the Website, the information or contents of the Website, the materials or the providing of cultural and archival services, especially images (of any type, format, technique, subject and on any medium) from the Romanian territory during the period between 1950 and 2000, but not limited to it. ACCA fulfils its obligations only in accordance with the legislation in force. ACCAA shall not be held liable for any damage, of any kind, including, but not limited to, any direct or indirect, material or moral damage.
When an image is licensed by ACCAA, the usage is specified on the invoice and the written agreement and cannot be used for any other purpose without further written agreement by ACCAA. The license will state the media use, language rights, usage modalities, fees, duration of license and the territories for the usage.
The overall purpose of the archive is cultural and, especially for cultural purposes, some images could be used for free. However such aspects must be established in writing by a legal agreement before effective use.
A fee is generally payable to license any rights managed image. The fee could be based on how the image is going to be used. This will be calculated by such factors as the purpose of using the image, print run, media, the reproduction size, and territory distribution and whether the requested use is exclusive or non-exclusive. ACCAA calculates this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license.
The images licensed by ACCAA must not be altered, cropped or manipulated in any form without permission from ACCAA, because the main purpose of ACCAA is to manage a cultural archive. The rights to alter any image rests with the photographer or collector and ACCAA will seek their opinion in any alteration request. Before any alteration it is necessary to submit a request before the image is reproduced as this may affect the terms of the license and result in an additional charge on top of any agreed usage fee or in the cancellation of the license as such, at the choice of ACCAA.
All licensed image must be used with or in the spirit of the accompanying caption or text. If there is any doubt by the licensee, then verification should be sought with ACCAA before any publication. For example, an image of a worker on a lunch break looking tired, cannot be captioned by the licensee as a lazy worker taking time off when they should be working.
With all editorial rights managed images, the photographer or collector should be credited with any reproduction of their work. The credit line should read © photographer's name | collector name | memorie colectiva 1950-2000® | ACCAA®, or © collector name | memorie colectiva 1950-2000® | ACCAA®. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line.
The licensee will immediately provide ACCAA, for free, with at least two copies of any publication featuring an image reproduction upon publication.
It is forbidden to change the files in any way (for example, to delete or hide copyright marks or watermarks, or any other similar marks). The licensee has no right to create derivative works from the files presented at the Site or use them otherwise except the written permission of ACCAA, which needs to be granted before any such use. For any kind of use of an image featured on the Site, ACCAA needs to give its previous written approval. Such approval needs to be requested at the following e-mail:firstname.lastname@example.org, or phone 004 0731 378 599
In case an image is accompanied by audio or audio and video elements, use of such elements follows the rules of the present Terms and conditions, and need previous written approval from ACCAA.
Applicable law and settlement of disputes
By using the Website, the user accepts that the Terms and Conditions and any dispute of any kind that may arise between the user and ACCAA and its associates/partners/members shall be governed by Romanian law. If a dispute shall arise between ACCAA and a user, it shall first be attempted to resolve it amicably. If the attempt to resolve amicably fails, the dispute shall be brought before the Romanian courts, in accordance with the Romanian laws in force.
ACCAA assumes no liability for the descriptions presented on the Website with the purpose of informing the public. ACCAA assumes no liability for typing or posting errors on the Website relating to adresses, contact details, or other data/details related to the information published on the Website. ACCAA shall not be held responsible if any details referring to the providing of cultural and archival services, especially images (of any type, format, technique, subject and on any medium) from the Romanian territory during the period between 1950 and 2000, but not limited to it, are displayed incorrectly, including because they have been entered incorrectly in the database. The user is solely responsible for the way in which the data is used.
ACCAA, its members, employees or agents are not liable for any direct or indirect damage caused by the improper use of the pictures by the final user.
Likewise, all the elements, pictures and documents are on the Website with the consent of the photographer or collector. ACCAA assumes no liability for any prejudice made to or infringement to the rights of the latter or persons represented in the pictures or documents, by the use made by the licensee. The only purpose of ACCAA is the providing of cultural and archival services, especially images (of any type, format, technique, subject and on any medium) from the Romanian territory between the years 1950 and 2000, but not limited to it. ACCAA does not mean to make value judgements, personal opinions, to comment on facts, persons, historical events, landscapes, arhitecture, etc. ACCAA intends to present objectively all the elements of the Website.
The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold ACCAA harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any image for which:
- no release was furnished by ACCAA in writing.
- the use of any image exceeds the scope of the release provided by ACCAA.
The licensee will also indemnify and hold ACCAA harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. ACCAA's liability for all claims shall not exceed in any event the total amount invoiced per particular image. ACCAA makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
13. Final provisions
If any of the above-mentioned provisions becomes null or inapplicable, whatever the cause, the other provisions remain in force. By viewing any page or information from the site, the user accepts the Terms and Conditions of use. They shall be considered equivalent to a valid contract concluded with the user of the respective page or information.