ESSR Terms of Services

ESSR Terms of Use

 

I. ESSR Terms of Use

 

(1) These Terms of Use are released by the European Space Agency, an international intergovernmental organisation governed by its Convention, having its headquarters at 24 rue du Général Bertrand, 75007, Paris, France (“ESA”).

 

(2) By using the ESSR web site ("ESSR"), You are agreeing to be bound by the following terms and conditions ("Terms of Use”). You are also agreeing to be subject to the ESA Personal Data Protection Framework. Such use signifies the continuing consent to the Privacy Notice released by ESA in connection with ESSR.

 

(3) The use of certain features of ESSR or of certain content in ESSR can be conditional upon agreement by You of additional terms. By using such features or content You are agreeing to be bound by such additional terms. 

 

(4) IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS ESSR THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. 

 

IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE ESSR. 

 

(5) Violation of any of the terms below will result in the termination of your Account and you will be liable for such violation towards ESA. You agree to use the Service at your own risk.

 

(6) ESA reserves the right to amend these Terms of Use, in particular for necessary operational, security, statutory reasons, from time to time. You agree that ESA may notify, by any means, the changes to the Terms of Use, including by posting them within ESSR and that such change will take effect after notification. Further use of the ESSR will be subject to Your acceptance of the amended Terms of Use.

 

 

II. Account Terms

 

(1) You must be an individual above the age of majority to have an account. Accounts registered by "bots" or other automated methods are not permitted.

 

(2) You must provide your name, a valid email address, and any other information requested in order to complete the signup process. The username you choose cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You must maintain updated all information requested by ESA during the registration procedure. The failure to do so will constitute a violation of these Terms of Use which may result in the immediate termination of the access and use of ESSR.

 

(3) Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

 

(4) You are responsible for maintaining the security of your account and password. ESSR cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

 

(5) You are responsible for all activity that occurs under your account.

 

(6) One person or legal entity may not maintain more than one account. 

 

(7) ESA reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the ESSR (or any part thereof) with or without notice.

 

(8) ESA may, but has no obligation to, remove content and accounts containing content that ESA determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property, any party's privacy or these Terms of Use.

 

(9) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ESA contractor, customer, employee, member, or officer will result in immediate account termination.

 

 

III. Usage Terms

 

(1) Any use of the ESSR, including use of the ESSR through a third-party product that accesses ESSR, is bound by these Terms of Service.

 

(2) You may not use the ESSR for any illegal or unauthorized purpose. You must not, in the use of the ESSR, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

 

(3) Abuse or excessively frequent requests to ESSR may result in the temporary or permanent suspension of your account's access to the ESSR. ESA, in its sole discretion, will determine abuse or excessive usage of the ESSR. ESA will make a reasonable attempt via email to warn the account owner prior to suspension.

 

(4) Your use of the ESSR is at your sole risk. The service is provided on an "as is" and "as available" basis.

 

(5) ESA reserves the right to change, suspend or discontinue the use of ESSR, of Your account or of any feature thereof at any time, without prior notice, and shall have no liability for such change, suspension or discontinuance. In particular, ESA reserves the right to temporarily suspend all or part of the functionalities of ESSR, in particular for operational, security or statutory reasons or in case of events beyond ESA’s reasonable control.

 

(6) You must use ESSR only for lawful purposes and only in compliance with the Terms of Use. Any use not expressly authorised in the Terms of Use is deemed forbidden. Without prejudice to the generality of the foregoing:

• You must not attempt to interfere with the operation of ESSR or with the administration or security thereof;

• You must not decompile or reverse engineer ESSR or otherwise reveal the source code of ESSR; 

• You must not neutralise, tamper or circumvent any security or rights management features (if any) included in ESSR;

• You must not Use any program or tool to gather or "harvest" information from ESSR;

• You must not modify, adapt or hack the ESSR or modify another website so as to falsely imply that it is associated with the ESSR, or ESA;

• You must not transmit any worms or viruses or any code of a destructive nature.

 

 

IV. General Terms

Support for ESSR use is only available in English, via email.

Questions about the Terms of Service should be sent to essr@esa.int.

The failure of ESA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ESA and govern your use of the ESSR, superseding any prior agreements between you and ESA (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the ESSR are governed under Dutch law.

Disclaimers

(1) Disclaimer on the use of the ESSR website

ESA does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through ESSR will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that ESA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ESA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service, (vi) your use of the ESSR or third-party products that access data via the ESSR.

Subject to the foregoing, should you suffer a loss as a result of using ESSR, ESA shall only be liable in the event of wilful misconduct and gross negligence, provided that you formulate the claim within one (1) month of the date when the first loss occurred. Any claims beyond the above shall be excluded.

(2) Disclaimer on downloaded software

Except as expressly set forth in each License of the downloaded software, the Software is provided to You on an “as is” basis and without warranties of any kind, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy or non-infringement of intellectual property rights. Mandatory statutory warranty claims, e.g. in the event of wilful deception or fraudulent misrepresentation, shall remain unaffected.

Except as expressly set forth in each License of the downloaded software, ESA shall not be liable, including, without limitation, for direct, indirect, incidental, or consequential damages (including without limitation loss of profit), however caused and on any theory of liability, arising in any way out of the use or Distribution of the Software or the exercise of any rights under this License, even if you have been advised of the possibility of such damages. Mandatory statutory liability claims, e.g. in the event of wilful misconduct, wilful deception or fraudulent misrepresentation, shall remain unaffected.

(3) Terms for external projects hyperlinked by ESSR

The Owner of an external project hyperlinked by ESSR has accepted the ESSR Terms of Use.

ESA does not pre-screen Content of external projects hyperlinked by ESSR, but ESA has the right (but not the obligation) in its sole discretion to refuse or remove any such hyperlink.

The hyperlink is provided to You without warranties of any kind, including without limitation merchantability, fitness for a particular purpose, absence of defects or errors, accuracy or non-infringement of intellectual property rights related to the Software that is entered through the Hyperlink. Mandatory statutory warranty claims, e.g. in the event of wilful deception or fraudulent misrepresentation, shall remain unaffected.

ESA shall not be liable, including, without limitation, for direct, indirect, incidental, or consequential damages (including without limitation loss of profit), however caused and on any theory of liability, arising in any way out of the use of the hyperlink.

The Owner of the external project hyperlinked by ESSR shall defend ESA against any claim, demand, suit or proceeding made or brought against ESA by a third-party alleging that the hyperlinked project is in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify ESA for any damages finally awarded against, and for reasonable attorney’s fees incurred by, ESA in connection with any such claim, demand, suit or proceeding; provided, that ESA (a) promptly gives the Owner written notice of the claim, demand, suit or proceeding; (b) gives the Owner sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that the Owner may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases ESA of all liability); and (c) provides to the Owner all reasonable assistance, at the Owner’s expense.

(4) Copyright

The ESSR is copyright ©2015 ESA. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from ESA.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the ESSR, use of the ESSR, or access to the ESSR without the express written permission by ESA.

(5) Applicable law - Settlement of disputes

Except for personal data matters or incidents for which the ESA PDP Framework shall apply and for which the ESA Supervisory Authority shall have exclusive jurisdiction:

 

(i) Governing law. Without prejudice to ESA’s privileges and immunities, these Terms of Use shall be governed by and shall be interpreted in accordance with the Law of France.

 

(ii) Disputes. All disputes between You and ESA (herein the “Parties”) in connection with or arising out of the existence, performance, and termination of these Terms of Use, which the Parties cannot resolve within thirty (30) days from the date of a written notice from one Party to the other Party notifying the dispute, shall be settled under the Rules of Arbitration of the International Chamber of Commerce by three (3) arbitrators appointed in accordance with the said rules. The cost of arbitration, including the fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides. Each Party shall bear its own representation fees and costs associated with the arbitration. The arbitration proceedings shall be conducted in the English language in Paris (France) and the arbitration award shall be final and binding upon the Parties, their successors and assigns which shall comply in good faith with such decision.