Terms and Conditions of Use

The websites available from https://projeto.rcaap.pt/sari/ and https://projeto.rcaap.pt/repositorio-comum/ (hereinafter jointly referred to as “SARI“) are the property of FUNDAÇÃO PARA A CIÊNCIA E TECNOLOGIA, I.P. - FCT, with registered office at Av. D. Carlos I, 126, 1249-074 Lisboa, NIPC 503904040 and telephone: +351 21 3924300 (hereinafter referred to as “FCT”).

By accessing and using SARI, the User agrees to be bound by these Terms and Conditions of Use (hereinafter “Terms and Conditions”) without limitation or reservation.

The Terms and Conditions should be read in conjunction with SARI's Privacy Policy and a Cookies Policy, which indicate how the personal data provided by the User is collected and used.

By accessing the Terms and Conditions on behalf of a legal entity, the User declares and warrants that he/she is authorised to act on behalf of that entity and acknowledges that FCT is not obliged to recognise, does not validate and will not validate such powers of representation.

Users must use SARI and its contents diligently and in accordance with the Terms and Conditions and in compliance with the law.

FCT reserves the right to deny or withdraw access to SARI and/or the services contained therein, at any time and without prior notice, to any User who fails to comply with the provisions of these Terms and Conditions.

Modification of Terms and Conditions

FCT, as the entity responsible for SARI, reserves the exclusive right to modify or replace the provisions of these Terms and Conditions at any time.

Any changes to these Terms and Conditions shall be notified to the User at least one month prior to the date of their entry into force, by publication in SARI.

Your continued use of SARI after the publication of any changes to the Terms and Conditions constitutes acceptance of those changes.

If the User does not accept the changes notified in the aforementioned terms, he/she must terminate his/her registration in SARI.

FCT does not guarantee that SARI will always be available as there may be hardware or software problems or maintenance required in connection with SARI, resulting in interruptions, delays or errors.

The User declares that he/she agrees that FCT shall not be liable for any loss, damage or inconvenience caused by an inability to access or use SARI during any period of inactivity or discontinuity.

Rules for using SARI

The User undertakes to make correct use of SARI, in accordance with the applicable legislation and the provisions of the Terms and Conditions, as well as other conditions, regulations and instructions that may be applicable.

Access to SARI for illicit or unauthorised purposes is not permitted and. Consequently, the User shall be liable for such access. In particular, but not exclusively, it is prohibited:

• Usage of the content of SARI for purposes contrary to the law, good faith, morality and public order;


• Usage of SARI in such a way as to cause damage or modifications to the operation of FCT equipment and servers or those of third parties;


• Usage of SARI to install or transmit any virus or other harmful programmes;


• Breach, or attempted breach of the security or authentication measures of the SARI or any connected network to which SARI is connected, or of the security or protection measures inherent in the content made available on SARI.

Failure by the User to fulfil any of the above obligations may lead to the adoption by FCT of appropriate measures protected by law and in the fulfilment of its rights or obligations.

If the User finds any information or content in SARI that may be inappropriate, contrary to regulations in force, please inform FCT immediately through the contacts indicated in these Terms and Conditions.

On the other hand, the User is responsible for the information provided to FCT through SARI and declares that it is true and accurate.

In this regard, the User is responsible for the accuracy of all data communicated to FCT and will keep the information provided properly updated so that it corresponds to the User's current situation. Users shall be liable for any false or inaccurate information they provide and for any damage caused to FCT or third parties.

User representations

By using SARI, the user declares and guarantees that:

1. All registration information submited is true, accurate, current and complete;


2. The accuracy of such information will be mantained and promptly updated if necessary;


3. He/she has the legal capacity and agree to comply with the provisions of the Terms and Conditions;


4. SARI will not be used for any illegal or unauthorised purpose; and


5. Use of the SARI will not violate any applicable law or regulation.

If the Users provides false, inaccurate, non-updated or incomplete information, FCT reserves the right to suspend or terminate their account and refuse any current or future use of SARI (or any part thereof).

User registration

To use SARI, you may be asked to register. You must agree to keep your password confidential and you will be responsible for all use of your account and password.

The registration request will be made online, by filling in the electronic form made available for this purpose.

Registration with SARI implies the provision of the information requested by FCT and the User's acceptance of these Terms and Conditions and declaration that they are aware of the provisions of the Privacy Policy , as well as acceptance of the Cookies Policy.

For the purposes of registering with SARI, the User undertakes to provide clear, true and complete information about their personal data, and to keep it up to date at all times.

At the time of the registration request, it is up to each User to define the name that will be used to identify him/her in SARI (hereinafter referred to as “User Name”), the password (hereinafter referred to as “Password”) and the e-mail for confirmation of the Password and the User account (hereinafter referred to as “Account”), which are personal, confidential and non-transferable. Their disclosure or transmission, in any form and by any means, to third parties is strictly prohibited.

FCT reserves the right to remove, reclaim or change a username selected by the User if it determines, in its sole discretion, that the username is inappropriate, obscene or objectionable.

Each User may only have one SARI registration at any given time, and FCT reserves the right to prevent subsequent registrations by the same User and to terminate them when it finds that they have been made.

Users assume full responsibility for operations carried out using their User Name and Password, even if carried out by third parties, with or without their authorisation, and assume full responsibility for ensuring its non-disclosure.

Any access by third parties using the User's Username and Password will be considered to have been carried out by the User, and FCT will not be held liable for the consequences of such access.

The User undertakes to keep his/her SARI registration password secret and not to disclose it in order to prevent access to the registration by third parties, as well as to change the password regularly, complying with the security requirements implemented, namely:

• The password must be at least 13 characters long and complex. In this case, its composition should require the inclusion of 3 of the following 4 sets of characters: lowercase letters (a...z), uppercase letters (A...Z), numbers (0...9) and special characters (~ ! @ # $ % ^ & * ( ) _ + | ` - = { } [ ] : ” ; ' < > ? , . /).


• Alternatively, it can be made up of phrases or excerpts of long text known to the user, without a ”space” character.

Users shall immediately notify FCT in the event of improper access to their account and undertake to change their password in accordance with the provisions of the previous paragraph.

Forbidden activities

The User may not access or use SARI for any purpose other than that for which it is made available, namely within the scope of Open Science. SARI may not be used in connection with any commercial endeavours, except those specifically supported or approved by FCT.

As a SARI User, you agree that you are prohibited from:

• Systematically retrieve data or other content from SARI to create or compile, directly or indirectly, a collection, compilation, database or directory without our written authorisation.


• Deceiving, defrauding or misleading us and other users, especially in any attempt to obtain sensitive account information such as user passwords.


• Bypassing, disabling or otherwise interfering with security-related features of SARI, including features that prevent or restrict the use or copying of any content or impose limitations on the use of SARI and/or content.


• Defacing, tarnishing or otherwise damaging, at our sole discretion, our institution and/or our SARI.


• Using any information obtained from the SARI to harass, abuse or harm another person.

Misusing our support services or file false reports of abuse or misconduct.

• Using SARI in a manner contrary to any applicable laws or regulations.


• Engaging in unauthorised framing or linking to SARI.


• Uploading or transmitting (or attempting to upload or transmitting) viruses or other malicious software, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any User's uninterrupted use and enjoyment of SARI or that modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of SARI.


• Using computerised bots that may impair the normal and correct functioning of SARI.


• Removing the copyright notice or other proprietary rights from any content.


• Attempting to impersonate another user or person or using another user's username and password, unless this type of action is necessary in the context of carrying out repository management tasks carried out by a designated person for this type of task.


• Uploading or transmitting (or attempting to upload or transmitting) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (”gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as ”spyware” or ”passive collection mechanisms” or ”pcms”).


• Interfering with, disrupting or creating an undue burden on SARI or the networks or services connected to SARI.


• Harassing, annoying, intimidating or threatening any of our employees or agents involved in providing any part of SARI to you.


• Attempting to circumvent any measures designed to prevent or restrict access to SARI or any part of SARI.


• Making any unauthorised use of SARI, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails or other forms of electronic communication, or creating user accounts by automated means or under false pretences.


• Using SARI and/or its content for any revenue-generating endeavour or commercial enterprise.

User-generated contributions

SARI may provide you with the opportunity to submit, publish, display, transmit, perform, distribute or broadcast content and materials collectively (hereinafter ”Contributions”). Contributions may be viewed by other SARI users and through third party websites. As such, any Contributions you submit may be treated as non-confidential and public. By creating or making available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display or performance, access, downloading or copying of your Contributions does not and will not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets or moral rights of any third party.


• You are the creator and owner or have the necessary licences, rights, consents and permissions to use and authorise us, SARI and other SARI users to use your Contributions in any manner contemplated by SARI and these Terms and Conditions.


• You have the written consent, authorisation and/or permission of each identifiable person in your Contributions to use the name or likeness of each identifiable person to permit the inclusion and use of your Contributions in any manner contemplated by SARI and these Terms and Conditions.


• Your Contributions are not false, inaccurate or misleading.


• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.


• Your contributions are not obscene, lascivious, filthy, violent, harassing, slanderous, defamatory or otherwise objectionable (as determined by us).


• Your contributions do not ridicule, mock, belittle, intimidate or abuse anyone.


• Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person, nor do they create or are used to promote violence against a specific person or class of persons.

Your contributions do not violate any applicable law, regulation or rule.

• Your contributions do not violate the privacy or publicity rights of any third party.


• Your contributions do not violate any applicable law regarding child pornography, or that is intended to protect the health or welfare of minors.


• Your contributions do not include any offensive comments related to race, nationality, gender, sexual preference, colour, religion, creed or physical disability.


• Your contributions do not violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of SARI in breach of the foregoing is in breach of the Terms and Conditions and may result, among other consequences, in the termination or suspension of the user's rights to use SARI.

SARI management

We reserve the right, but not the obligation, to:

1. Monitor SARI for violations of the Terms and Conditions;


2. Take appropriate legal action against any person who, in our sole discretion, violates the law or the Terms and Conditions, including, without limitation, reporting such user to law enforcement authorities;


3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Contributions or any part thereof;


4. In our sole discretion and without limitation, notice or liability, remove from SARI or otherwise disable all files and content that are excessive in size or otherwise overburden our systems; and


5. Manage SARI in a manner that protects our rights and property and facilitates the proper functioning of SARI.

Industrial and Intellectual Property

All SARI content (such as text, photographs, graphics, images, technology, software, links, audiovisual or sound content, graphic design, source code, etc.) is protected by applicable laws.Except for internal, personal and non-commercial use, Users may not use the contents of SARI (including, without limitation, copying, modifying, reproducing in whole or in part, uploading), without obtaining the prior written consent of FCT.

Likewise, it is forbidden to remove or manipulate the indications of copyright or other credits that identify the owners of the rights to the content that the User finds on SARI, as well as any protection mechanism or information incorporated into the content offered on SARI.

Intellectual and industrial property rights over texts, images, designs, colour combinations, audio and/or video files, software files, buttons, brands, logos, slogans and designs, computer programs and their elements (source codes, interfaces, applications, system developments, among others), as well as over the structure, design, selection, arrangement and presentation of any information and/or content on the SARI, are the property of FCT.

Any reproduction, copying, public communication, distribution, modification, transformation, deletion, manipulation or any other form of use, free of charge or for consideration, of all or part of SARI or any of its contents, without the prior express written authorisation of FCT, is expressly prohibited.

Without prejudice to the provisions of the preceding paragraphs, certain content accessible through SARI belongs to their authors and is used by virtue of the corresponding licence or authorisation from them.

With the exception of personal data that FCT may collect in accordance with its Privacy Policy, any information, ideas or materials of any nature provided by the User shall be considered public and non-confidential, and may be freely used by FCT.

By making the information or content available in the manner and with the consequences described above, the User guarantees that he/she is not violating any rights of third parties or infringing any legal or regulatory provision, and fully and exclusively assumes any liability that may arise from making said information or content available and the consequences derived from said availability with respect to the two preceding paragraphs.

Consequently, FCT shall not be liable for any infringements of intellectual and/or industrial property rights of third parties caused by the content provided by Users. Furthermore, FCT shall not be held liable for any damage, loss or injury caused to persons and/or property by the methods, theories, ideas, opinions, instructions or recommendations expressed in such content.

Term and cancellation

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO REFUSE ACCESS TO AND USE OF SARI (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANYONE FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN SARI OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

Exemption from liability

YOU AGREE THAT YOUR USE OF SARI AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO SARI AND ITS USE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF SARI OR THE CONTENT OF ANY SITES LINKED TO SARI AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM ACCESS TO AND USE OF SARI, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SARI, (5) ANY BUGS, VIRUSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH SARI BY THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA SARI. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH SARI, ANY SARICOM HYPERLINKS OR ANY SARI OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PRODUCT OR SERVICE PROVIDERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of liability

IN NO EVENT SHALL FCT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF SARI, EVEN IF FCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Compensation

You agree to defend, indemnify and hold FCT harmless, including our subsidiary units, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of SARI; (3) your breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of any third party's rights, including, but not limited to, intellectual property rights; or (6) any overt harmful act toward any other SARI user with whom you have connected through SARI.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable endeavours to notify you of any claim, action or proceeding that is subject to this indemnity as soon as we become aware of it.

User data

We will keep certain data that you transmit to SARI in order to manage SARI's performance, as well as data related to your use of SARI. Although we regularly make routine backup copies of data, you are solely responsible for all data you transmit or that relates to any activity you have carried out using SARI.

Diverse

These Terms and Conditions and any policies or operating rules published by us on or in relation to SARI constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is held to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership or employment relationship shall arise between you and us as a result of these Terms and Conditions or your use of SARI. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions.