Last updated: 30 June 2022
When you use our Services you agree to all of these terms. Your use of our Services is also subject to our GDPR, Privacy and Cookies Policy, which covers how we collect, use, share, and store your personal information. Uploaded content must meet the criteria in the Publishing Guidelines and you agree not to violate the Content Moderation Policy.
You agree that by clicking “Register”, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with ARETE Market (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Register” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by requesting the closure of your account and no longer accessing or using our Services.
This Contract applies to ARETE Market communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as any ads and plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”.
1.1 ARETE Market
You are entering into this Contract with ARETE Market (also referred to as “we” and “us”).
You are entering into this Contract with ARETE Market which will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this GDPR, Privacy and Cookies Policy and updates.
1.2 Members and Visitors
When you register and join the ARETE Market Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
1.3 Changes to the Contract
2.1 Service Eligibility
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age”(described below) or older; (2) you will only have one ARETE Market account, which must be in your real name; and (3) you are not already restricted by ARETE Market from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for ARETE Market to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., content) and (3) follow the law and our Publishing Guidelines. You are responsible for anything that happens through your account unless you close it or report misuse.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Our Services allow comments and sharing of information in many ways, such as your profile and ARLEM uploads. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
3 Rights and Limits
3.1 Your License to ARETE Market
As between you and ARETE Market, you own the content and information that you submit or post to the Services, and you are only granting ARETE Market the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your content beyond the Services. We will enable a feature that allows other Members to embed that content onto third-party services, and we enable search engines to make that public content findable though their services.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
You and ARETE Market agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the GDPR, Privacy and Cookies Policy and your choices (including settings).
You promise to only provide information and content that you have the right to share.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. ARETE Market may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or discontinue any of our Services.
We don’t promise to store or keep showing any information and content that you’ve posted. ARETE Market is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our GDPR, Privacy and Cookies Policy.
3.3 Other Content, Sites and Apps
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. ARETE Market generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
ARETE Market reserves the right to limit your use of the Services, including the number of your uploads and posts and your ability to comment on the content of other Members. ARETE Market reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating the Content Moderation Policy or Publishing Guidelines).
3.5 Intellectual Property Rights
ARETE Market reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
4 Membership Agreement
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
You agree that you will not:
- Create a false identity on ARETE Market, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of ARETE Market;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of ARETE Market, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without ARETE Market’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without ARETE Market’s consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms)
Both you and ARETE Market may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 4, 6, 7, and 8 of this Contract.
You can contact us to close your account (see Section 9).
6 Governing Law and Dispute Resolution
The laws of Ireland govern all claims related to ARETE Market’s provision of the Services, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Services where you have habitual residence. With respect to jurisdiction, you and ARETE Market agree to choose the courts of the country to which we direct your Services where you have habitual residence for all disputes arising out of or relating to this User Agreement, or in the alternative, you may choose the responsible court in Ireland.
7 General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that ARETE Market has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that ARETE Market may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the address provided in Section 9.
8 Limit of Liability
ARETE Market makes no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free and provide the Services on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, ARETE Market disclaims any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, or fitness for a particular purpose.
To the fullest extent permitted under applicable law, ARETE Market will not be liable in connection with this contract for lost profits or lost business opportunities,, reputation, loss of data or any indirect, incidental, consequential, special or punitive damages.
ARETE Market will not be liable to you in connection with this contract for any amount that exceeds 1000euro.
9 How To Contact Us
For general inquiries, contact us online. For legal notices or service of process, you may write to us:
Dr Na Li, Project Manager
UCD School of Computer Science
University College Dublin
Dublin 4, Ireland