Difference between revisions of "Terms of service"

From The Embassy of Good Science
 
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=Terms and conditions for the The Embassy of Good Science=
 
=Terms and conditions for the The Embassy of Good Science=
The service “The Embassy of Good Science” is offered over the internet in the form of Software-as-a-Service by the company EnTIRE Consortium. The use of The Embassy of Good Science is subject to the below terms and conditions. Using The Embassy of Good Science constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by EnTIRE Consortium.
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The service “The Embassy of Good Science” is offered over the internet in the form of Software-as-a-Service by the Embassy Foundation. The use of The Embassy of Good Science is subject to the below terms and conditions. Using The Embassy of Good Science constitutes acceptance of these terms and conditions.Deviations from these terms and conditions is possible only by means of written confirmation by the Embassy Foundation.
  
 
<h2 id="t_o_s-Use_of_the_service">Article 1. Use of the service</h2>
 
<h2 id="t_o_s-Use_of_the_service">Article 1. Use of the service</h2>
1.1. The Embassy of Good Science allows you to have discussions about a wide range of topics. The topic and your contributions are up to you, within the limits as set for the various forums and topics. EnTIRE Consortium and its moderators have the final say on these limits.
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1.1. The Embassy of Good Science allows you to have discussions about a wide range of topics. The topic and your contributions are up to you, within the limits as set for the various forums and topics. The Embassy Foundation and its moderators have the final say on these limits.
  
1.2. To contribute to The Embassy of Good Science, you first need to register. After completing registration, you can directly log into your account and contribute to the platform.
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1.2. To contribute to The Embassy of Good Science, you first need to register for an ORCID account (https://orcid.org/). After completing registration, you can directly log on and contribute to The Embassy using your ORCID login.  
  
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. EnTIRE Consortium may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified EnTIRE Consortium that someone else knows your password.
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1.3. You must secure access to your ORCID account. In particular you must keep your password strictly confidential. The Embassy Foundation may assume that all actions undertaken from your account after logging in are authorized and supervised by you. This means you are liable for these actions, unless and until you have notified the Embassy Foundation that your account has been compromised.
  
1.4. The Embassy of Good Science processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of EnTIRE Consortium for more information.
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1.4. The Embassy of Good Science processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of The Embassy Foundation for more information.
  
 
<h2 id="t_o_s-Terms_of_use>Article 2. Terms of use</h2>
 
<h2 id="t_o_s-Terms_of_use>Article 2. Terms of use</h2>
2.1. It is not permitted to use The Embassy of Good Science for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
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2.1. It is not permitted to use The Embassy of Good Science for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libellous or racist.
  
2.2. In particular it is not permitted to harass other users, create profiles on The Embassy of Good Science under the names of other people or to pretend to be another person, or a moderator/maintainer of The Embassy of Good Science.
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2.2. In particular it is not permitted to harass other users, create ORCID profiles for use on The Embassy of Good Science under the names of other people or to pretend to be another person, or a moderator/maintainer of The Embassy of Good Science.
  
 
2.3. In addition, on The Embassy of Good Science it is forbidden to
 
2.3. In addition, on The Embassy of Good Science it is forbidden to
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*blame, shame or insult others;
 
*blame, shame or insult others;
 
*and to do anything that violates applicable netiquette.
 
*and to do anything that violates applicable netiquette.
2.4. Should EnTIRE Consortium discover that you violate any of the above, or receive a complaint alleging the same, EnTIRE Consortium will issue a warning. If the warning does not lead to an acceptable resolution, then EnTIRE Consortium may intervene to end the violation. In urgent of serious cases EnTIRE Consortium may intervene without warning.
 
  
2.5. If in the opinion of EnTIRE Consortium the continued functioning of the computer systems or network of EnTIRE Consortium or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, EnTIRE Consortium may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.2.6. EnTIRE Consortium is at all times entitled to file a criminal complaint for any offenses committed through or using the service.2.7. EnTIRE Consortium may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless EnTIRE Consortium from all third-party claims arising out of your violation of these terms of use.
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2.4. Should the Embassy Foundation discover that you violate any of the above, or receive a complaint alleging the same, the Embassy Foundation will issue a warning. If the warning does not lead to an acceptable resolution, then the Embassy Foundation may intervene to end the violation. In urgent of serious cases, the Embassy Foundation may intervene without warning.
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2.5. If, in the opinion of the Embassy Foundation, the continued functioning of the computer systems or network of the Embassy Foundation or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, the Embassy Foundation may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.2.6. The Embassy Foundation is at all times entitled to file a criminal complaint for any offenses committed through or using the service.2.7. The Embassy Foundation may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold blameless The Embassy Foundation from all third-party claims arising out of your violation of these terms of use.
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<h2 id="t_o_s-availability_and_maintenance">Article 3. Availability and maintenance</h2>
 
<h2 id="t_o_s-availability_and_maintenance">Article 3. Availability and maintenance</h2>
3.1. EnTIRE Consortium uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
 
  
3.2. EnTIRE Consortium actively maintains The Embassy of Good Science. In case maintenance is reasonably expected to negatively impact availability, EnTIRE Consortium carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
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3.1. The Embassy Foundation uses its best efforts to have the service available at all times but makes no guarantees of uninterrupted availability.
 +
 
 +
3.2. The Embassy Foundation actively maintains The Embassy of Good Science. In case maintenance is reasonably expected to negatively impact availability, The Embassy Foundation will carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
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 +
3.3. The Embassy Foundation may from time to time adapt The Embassy of Good Science. Your feedback and suggestions are welcome but ultimately The Embassy Foundation decides which adaptations to carry out (or not).
  
3.3. EnTIRE Consortium may from time to time adapt The Embassy of Good Science. Your feedback and suggestions are welcome but ultimately EnTIRE Consortium decides which adaptations to carry out (or not).
 
  
 
<h2 id="t_o_s-intellectual_property">Article 4. Intellectual property</h2>
 
<h2 id="t_o_s-intellectual_property">Article 4. Intellectual property</h2>
4.1. The service The Embassy of Good Science, the accompanying software as well as all information and images on the website is the intellectual property of EnTIRE Consortium. None of these items may be copied or used without prior written permission of EnTIRE Consortium, except and to the extent permitted by mandatory law.
 
  
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). EnTIRE Consortium receives a license under the terms of the Creative Commons Attribution-ShareAlike license, version 4.0 or any later version as set by the Creative Commons Consortium, to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
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4.1. The service, name and logo ofThe Embassy of Good Science is the intellectual property of The Embassy Foundation. None of these items may be copied or used without prior written permission of The Embassy Foundation, except and to the extent permitted by mandatory law.
 +
 
 +
4.2. Software availability and licensing information is as follows:
 +
- Front-end design elements -  https://github.com/the-embassy-of-good-science
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- Archived front-end design elements - https://doi.org/10.5281/zenodo.5925902
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- Back-end design elements - https://github.com/the-embassy-of-good-science/the-embassy-platform
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- Archived back-end design elements - https://doi.org/10.5281/zenodo.5925930
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- License - MediaWiki and The Embassy are licensed under the terms of the GNU General Public License, version 2 or later. Derivative works and later versions of the code must be free software licensed under the same or a compatible license. This includes “extensions” that use MediaWiki functions or variables; see https://www.gnu.org/licenses/gpl-faq.html#GPLAndPlugins Page 4 of 6 Open Research Europe 2022, null:null Last updated: 14 FEB 2022 for details. For the full text of version 2 of the license, see: https://www.gnu.org/licenses/gpl-2.0.html. For full details of the licensing see: https://github.com/the-embassy-of-good-science/the-embassy-platform/blob/master/COPYING
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4.3 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). The Embassy Foundation receives a license under the terms of the Creative Commons Attribution-ShareAlike license, version 4.0 or any later version as set by the Creative Commons Consortium, to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
  
4.3. If you send information to EnTIRE Consortium, for example a bug report or suggestion for improvement, you grant EnTIRE Consortium a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
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4.4. If you send information to The Embassy Foundation, for example a bug report or suggestion for improvement, you grant The Embassy Foundation a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
  
4.4. EnTIRE Consortium shall refrain from accessing data you store or transfer using The Embassy of Good Science, unless this is necessary for a good provision of the service or EnTIRE Consortium is forced to do so by law or order of competent authority. In these cases EnTIRE Consortium shall use its best efforts to limit access to the information as much as possible.
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4.5. The Embassy Foundation shall refrain from accessing data you store or transfer using The Embassy of Good Science, unless this is necessary for a good provision of the service or The Embassy Foundation is forced to do so by law or order of competent authority. In these cases The Embassy Foundation shall use its best efforts to limit access to the information as much as possible.
  
 
<h2 id="t_o_s-limitation_of_liability">Article 5. Limitation of liability</h2>
 
<h2 id="t_o_s-limitation_of_liability">Article 5. Limitation of liability</h2>
5.1. Except in case of intentional misconduct or gross negligence EnTIRE Consortium shall not be liable for the use of the service or any damages in connection therewith.
 
  
5.2. EnTIRE Consortium in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
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5.1. Except in case of intentional misconduct or gross negligence The Embassy Foundation shall not be liable for the use of the service or any damages in connection therewith.
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 +
5.2. The Embassy Foundation in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
 +
 
 +
5.3. Damages may only be claimed if reported in writing to The Embassy Foundation at most two months after discovery.
  
5.3. Damages may only be claimed if reported in writing to EnTIRE Consortium at most two months after discovery.
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5.4. In case of force majeure The Embassy Foundation is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
  
5.4. In case of force majeure EnTIRE Consortium is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
 
  
<h2 id="t_o_s-term_and_termination">Article 6. Term and termination
</h2>
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<h2 id="t_o_s-term_and_termination">Article 6. Term and termination</h2>
 
6.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
 
6.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
  
 
6.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
 
6.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
  
6.3. EnTIRE Consortium is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event EnTIRE Consortium shall first send a reminder mail to the e-mail address connected to your account.
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6.3. The Embassy Foundation is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event The Embassy Foundation shall first send a reminder mail to the e-mail address connected to your account.
  
 
<h2 id="t_o_s-changes_to_terms">Article 7. Changes to terms</h2>
 
<h2 id="t_o_s-changes_to_terms">Article 7. Changes to terms</h2>
7.1. EnTIRE Consortium may change or add to these terms and conditions as well as any prices at any time.
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7.1. The Embassy Foundation may change or add to these terms and conditions as well as any collaboration costs at any time.
  
7.2. EnTIRE Consortium shall announce through the service changes or additions at least thirty days before their taking effect.
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7.2. The Embassy Foundation shall announce through the service changes or additions at least thirty days before their taking effect.
  
 
7.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of The Embassy of Good Science after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
 
7.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of The Embassy of Good Science after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
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8.1. Dutch law applies to this agreement.
 
8.1. Dutch law applies to this agreement.
  
8.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with The Embassy of Good Science shall be brought before the competent Dutch court for the principal place of business of EnTIRE Consortium.
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8.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with The Embassy of Good Science shall be brought before the competent Dutch court for the principal place of business of The Embassy Foundation.
  
8.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the The Embassy of Good Science service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
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8.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Embassy of Good Science service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
  
8.4. The version of any communication of information as recorded by EnTIRE Consortium shall be deemed to be authentic, unless you supply proof to the contrary.
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8.4. The version of any communication of information as recorded by The Embassy Foundation shall be deemed to be authentic, unless you supply proof to the contrary.
  
 
8.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
 
8.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
  
8.6. EnTIRE Consortium is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of The Embassy of Good Science or the associated business activities.
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8.6. The Embassy Foundation is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of The Embassy of Good Science or the associated business activities.
  
  

Latest revision as of 16:23, 23 March 2022

Terms and conditions for the The Embassy of Good Science

The service “The Embassy of Good Science” is offered over the internet in the form of Software-as-a-Service by the Embassy Foundation. The use of The Embassy of Good Science is subject to the below terms and conditions. Using The Embassy of Good Science constitutes acceptance of these terms and conditions.Deviations from these terms and conditions is possible only by means of written confirmation by the Embassy Foundation.

Article 1. Use of the service

1.1. The Embassy of Good Science allows you to have discussions about a wide range of topics. The topic and your contributions are up to you, within the limits as set for the various forums and topics. The Embassy Foundation and its moderators have the final say on these limits.

1.2. To contribute to The Embassy of Good Science, you first need to register for an ORCID account (https://orcid.org/). After completing registration, you can directly log on and contribute to The Embassy using your ORCID login.

1.3. You must secure access to your ORCID account. In particular you must keep your password strictly confidential. The Embassy Foundation may assume that all actions undertaken from your account after logging in are authorized and supervised by you. This means you are liable for these actions, unless and until you have notified the Embassy Foundation that your account has been compromised.

1.4. The Embassy of Good Science processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of The Embassy Foundation for more information.

Article 2. Terms of use

2.1. It is not permitted to use The Embassy of Good Science for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libellous or racist.

2.2. In particular it is not permitted to harass other users, create ORCID profiles for use on The Embassy of Good Science under the names of other people or to pretend to be another person, or a moderator/maintainer of The Embassy of Good Science.

2.3. In addition, on The Embassy of Good Science it is forbidden to

  • use indecent or inappropriate language;
  • publish information where it is unwanted (off-topic);
  • publish information that is pornographic or erotic (even if legal under applicable law);
  • publish information in violation of copyright or hyperlinks to such information;
  • violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
  • exercise commercial activities;
  • report on current research misconduct cases; accuse people of misconduct;
  • blame, shame or insult others;
  • and to do anything that violates applicable netiquette.

2.4. Should the Embassy Foundation discover that you violate any of the above, or receive a complaint alleging the same, the Embassy Foundation will issue a warning. If the warning does not lead to an acceptable resolution, then the Embassy Foundation may intervene to end the violation. In urgent of serious cases, the Embassy Foundation may intervene without warning.

2.5. If, in the opinion of the Embassy Foundation, the continued functioning of the computer systems or network of the Embassy Foundation or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, the Embassy Foundation may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.2.6. The Embassy Foundation is at all times entitled to file a criminal complaint for any offenses committed through or using the service.2.7. The Embassy Foundation may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold blameless The Embassy Foundation from all third-party claims arising out of your violation of these terms of use.


Article 3. Availability and maintenance

3.1. The Embassy Foundation uses its best efforts to have the service available at all times but makes no guarantees of uninterrupted availability.

3.2. The Embassy Foundation actively maintains The Embassy of Good Science. In case maintenance is reasonably expected to negatively impact availability, The Embassy Foundation will carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.

3.3. The Embassy Foundation may from time to time adapt The Embassy of Good Science. Your feedback and suggestions are welcome but ultimately The Embassy Foundation decides which adaptations to carry out (or not).


Article 4. Intellectual property

4.1. The service, name and logo ofThe Embassy of Good Science is the intellectual property of The Embassy Foundation. None of these items may be copied or used without prior written permission of The Embassy Foundation, except and to the extent permitted by mandatory law.

4.2. Software availability and licensing information is as follows: - Front-end design elements - https://github.com/the-embassy-of-good-science - Archived front-end design elements - https://doi.org/10.5281/zenodo.5925902 - Back-end design elements - https://github.com/the-embassy-of-good-science/the-embassy-platform - Archived back-end design elements - https://doi.org/10.5281/zenodo.5925930 - License - MediaWiki and The Embassy are licensed under the terms of the GNU General Public License, version 2 or later. Derivative works and later versions of the code must be free software licensed under the same or a compatible license. This includes “extensions” that use MediaWiki functions or variables; see https://www.gnu.org/licenses/gpl-faq.html#GPLAndPlugins Page 4 of 6 Open Research Europe 2022, null:null Last updated: 14 FEB 2022 for details. For the full text of version 2 of the license, see: https://www.gnu.org/licenses/gpl-2.0.html. For full details of the licensing see: https://github.com/the-embassy-of-good-science/the-embassy-platform/blob/master/COPYING

4.3 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). The Embassy Foundation receives a license under the terms of the Creative Commons Attribution-ShareAlike license, version 4.0 or any later version as set by the Creative Commons Consortium, to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.

4.4. If you send information to The Embassy Foundation, for example a bug report or suggestion for improvement, you grant The Embassy Foundation a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.5. The Embassy Foundation shall refrain from accessing data you store or transfer using The Embassy of Good Science, unless this is necessary for a good provision of the service or The Embassy Foundation is forced to do so by law or order of competent authority. In these cases The Embassy Foundation shall use its best efforts to limit access to the information as much as possible.

Article 5. Limitation of liability

5.1. Except in case of intentional misconduct or gross negligence The Embassy Foundation shall not be liable for the use of the service or any damages in connection therewith.

5.2. The Embassy Foundation in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

5.3. Damages may only be claimed if reported in writing to The Embassy Foundation at most two months after discovery.

5.4. In case of force majeure The Embassy Foundation is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.


Article 6. Term and termination

6.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.

6.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.

6.3. The Embassy Foundation is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event The Embassy Foundation shall first send a reminder mail to the e-mail address connected to your account.

Article 7. Changes to terms

7.1. The Embassy Foundation may change or add to these terms and conditions as well as any collaboration costs at any time.

7.2. The Embassy Foundation shall announce through the service changes or additions at least thirty days before their taking effect.

7.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of The Embassy of Good Science after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 8. Miscellaneous provisions

8.1. Dutch law applies to this agreement.

8.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with The Embassy of Good Science shall be brought before the competent Dutch court for the principal place of business of The Embassy Foundation.

8.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Embassy of Good Science service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

8.4. The version of any communication of information as recorded by The Embassy Foundation shall be deemed to be authentic, unless you supply proof to the contrary.

8.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

8.6. The Embassy Foundation is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of The Embassy of Good Science or the associated business activities.


Thank you for reading!