Legal advice

1. Introduction

In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 , relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46/EC (General Data Protection Regulation) is repealed, we inform you that the ownership of the domain of our Website www.niagaraproject.eu corresponds to the company COMMISSARIAT A L ENERGIE ATOMIQUE ET AUX ENERGIES ALTERNATIVES hereinafter “THE ENTITY”, with VAT number fR 43 775 685 019, and registered office at Bâtiment Le ponant D, 25 rue Leblanc, 75015 PARIS.

Company contacts details:

Identity: COMMISSARIAT A L ENERGIE ATOMIQUE ET AUX ENERGIES ALTERNATIVES – VAT number: FR 43 775 685 019
Address Bâtiment Le ponant D, 25 rue Leblanc, 75015 PARIS
Email: info@niagaraproject.eu

THE ENTITY welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Belgian regulations. Given that THE ENTITY could modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made. With the aim that the use of the Website conforms to criteria of transparency, clarity and simplicity, THE ENTITY informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and resolved by contacting THE ENTITY at the email address: info@niagaraproject.eu

2. Object

THE ENTITY provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as the Policy on the Treatment of Personal Data (hereinafter, the “Privacy Policy”). Access to this Website or its use in any way gives you the qualification of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, THE ENTITY reserving the right to modify them at any time. Consequently, it will be the responsibility of all users to carefully read the General Conditions of Use in force each time they access this Website, so if they do not agree with any of the points set forth herein, you must refrain from using this Website. Likewise, you are warned that, on occasion, particular conditions may be established for the use of specific content and/or services on the Website, the use of said content or services will imply acceptance of the particular conditions specified therein. 2. Services Through the Website, THE ENTITY offers the possibility of:
• Obtain information about the activity of the company and the services provided by it, as well as request advice.
• Request technical advice on the services provided by THE ENTITY and on topics of interest to users.
• Contact THE ENTITY to make queries, suggestions, through a Contact form.

3. Privacy and Data Processing

When for access to certain content or services it is necessary to provide personal data, Users will guarantee its veracity, accuracy, authenticity and validity. THE ENTITY will give said data the corresponding automated treatment based on its nature or purpose, in the terms indicated in the Privacy Policy section.

In those cases in which a user freely decides to contact another website linked through this Website, they will do so at their own risk, and THE ENTITY will not assume any responsibilities arising from the relationship between the User and the owner of the linked website.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs that may be used industrially and/or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the page, which are the exclusive property of THE ENTITY and /or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the user undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping THE ENTITY harmless from any claim arising from the breach of such obligations.

In no case does access to the Website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant the user any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by THE ENTITY or the third-party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as rights copyright by the legislation on Intellectual Property. THE ENTITY is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by writing, of the aforementioned entity.

Likewise, it is prohibited to suppress, elude and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The user of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case THE ENTITY the exercise of whatever means or legal actions correspond to it in defense of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The user is obliged, in general, to comply with these conditions as well as to comply with the special warnings or instructions for use contained therein or on the Website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence and refraining from using the Website in any way that may prevent, damage or impair its normal operation, the assets or rights of (THE ENTITY), its suppliers, other users or in general from any third party. Access to and use of the portal by minors is prohibited without the express consent of their parents or guardians.

The user agrees to:

a) Make appropriate and lawful use of the Website as well as its contents and services, in accordance with: i) the applicable legislation at any given time; (ii) the General Conditions of Use of the Website; (iii) morality and generally accepted good customs and (iv) public order.
b) Provide all the means and technical requirements needed to access the Website.
c) Provide truthful information by filling in the forms contained on the Website with your personal data and keeping them updated at all times in a way that responds, at all times, to the real situation of the user. The user will be solely responsible for the false or inaccurate statements made and the damages caused to THE ENTITY or third-party providers, due to the information provided.

The user must also refrain from:

a) Make unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored in any computer equipment.
b) Access or attempt to access resources or restricted areas of the Website, without complying with the conditions required for said access.
c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of THE ENTITY, its suppliers or third parties.
e) Attempt to access, use and/or manipulate the data of THE ENTITY, third-party providers and other Users.

f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or this is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of THE ENTITY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the content.
h) Obtain or attempt to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the websites where the content is found or, in general, of those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the website and/or its contents. In particular, and merely indicative and not exhaustive, the user undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: (i) In any way is contrary to, belittles or violates the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation. (ii) ) Induce, incite or promote criminal, slanderous, defamatory, violent actions or, in general, contrary to the law, morality, generally accepted good customs or public order. (iii) Induce, incite or promote actions, attitudes or discriminatory thoughts based on sex, race, religion, beliefs, age or condition. (iv) Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. (v) Induce or may induce an unacceptable state of anxiety or fear. (vi) Induces or incites to get involved in dangerous, risky or harmful practices for health and psychic balance. (vii) Is protected by the legislation on intellectual or industrial property belonging to THE ENTITY or to third parties without having been authorized the intended use.

(viii) Is contrary to honor, personal and family privacy or the image of people. (ix) Constitutes any type of non-consensual advertising.

(x) Includes any type of virus or program that prevents the normal functioning of the Website.

If a password is provided to access some of the services and/or contents of the Website, the user undertakes to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or content by outsiders. Likewise, you are obliged to notify THE ENTITY of any fact that may lead to an improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the above notification is not made, THE ENTITY will be exempt from any liability that may arise from the improper use of its password, being its responsibility any illicit use of the contents and/or services of the Website by any illegitimate third party.

If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from said breach for THE ENTITY

6. Responsibilities

THE ENTITY does not guarantee continued access, nor the correct display, download or use of the elements and information contained in the pages linked to this Website, and that may be impeded, hindered or interrupted by factors or circumstances that are beyond its control. THE ENTITY is not responsible for the decisions that may be adopted as a result of access to the content or information offered through said linked sites.

THE ENTITY may interrupt the service or immediately resolve the relationship with the user if it detects that a use of its Website or any of the services offered therein is contrary to these General Conditions of Use. THE ENTITY does not responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for removing, as soon as possible, the content that may cause such damage, provided that it is notified. In particular, it will not be responsible for the damages that may derive, among others, from:

(i) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or for any other cause beyond the control of THE ENTITY.

(ii) illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

(iii) improper or inappropriate abuse of the Website.

(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of V reserve the right to withdraw, totally or partially, any content or information present on the Website.

THE ENTITY excludes any responsibility for damages of any nature that may be due to the misuse of the services freely available and used by Website Users. Likewise, THE ENTITY is exonerated from any responsibility for content and information that may be received as a result of an illegal or incorrect use of said services, the user may be claimed by THE ENTITY for the damages caused.

The user will defend, indemnify and hold THE ENTITY harmless against any damages arising from claims, actions or demands of third parties as a result of their access or use of the Website. Likewise, the user undertakes to indemnify THE ENTITY against any damages arising from the use of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data. or for any other action by you that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The user undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, THE ENTITY ‘s Website, as well as any of its contents, unless expressly authorized in writing by THE ENTITY.

The Website includes links to other websites managed by third parties, accordingly, THE ENTITY is not responsible for the content of said websites, nor is it in a position of guarantor or/or offering the services and/or information that can be offered through said websites. Therefore, any claim related to the services provided through the linked websites must be addressed to the owners of said websites.

The user is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. The websites that include a link to our Website (i) may not imply that THE ENTITY recommends that website or its services or products; ii) may not falsify their relationship with THE ENTITY or affirm that THE ENTITY has authorized such a link, nor include trademarks, names, trade names, logos or other distinctive signs of THE ENTITY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. THE ENTITY may request, at any time, to remove any link to the Website, after which it must proceed immediately to remove it. THE ENTITY cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, THE ENTITY does not assume any type of responsibility for any aspect related to such websites.

8. Data protection

To use some of the Services, users must previously provide certain personal data. To do this, THE ENTITY will automatically process Personal Data in compliance with Law 30/2018 of July 30, Loi relative à la protection des personnes physiques à l’égard des traitements de données à caractère personne Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), established in the Privacy Policy.

9. Duration and termination

The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, THE ENTITY may terminate or suspend any of the services provided through the Website. Whenever possible, THE ENTITY will announce the termination or suspension of the provision of the given service.

10. Force majeure

THE ENTITY will not be responsible in case of impossibility of providing the service, if this is due to prolonged interruptions of the electrical supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

11. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, will be governed by Belgian law. Any controversy will be resolved before the courts of the domicile of THE ENTITY.

In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a result of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null altogether. In such cases, THE ENTITY will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.