TERMS OF USE - ImagineRio

These Terms of Use govern the conditions for use of the Services provided by the ImagineRio platform, an initiative of Rice University. All rights and obligations set forth in these Terms of Use shall be of Rice University’s responsibility. All mentions to ImagineRio in these Terms of Use refer to both Rice University and ImagineRio platform.

By using the Services You expressly agree and consent to these Terms of Use, which constitute a binding legal agreement between You and ImagineRio. Therefore, You should not use the Services unless You have read and agree to these Terms.

1. SERVICES PROVIDED BY IMAGINERIO

Through the Services provided by ImagineRio you will have access to an online platform that organizes historical data and materials about the city of Rio de Janeiro. This experience will be available by means of content provided by ImagineRio, partner institutions, and other users like You.

The Services will make available a custom geographic database with iconographic content from archives and cultural collections, organized according to period and location. This content will be integrated across custom built server and client-side applications, in such a way that third-party open source technologies may integrate the Services.

The Services will also allow You to contribute by providing images, texts and annotations related to the platform, enriching the content available with your own perspectives.

For this reason, it is very important that You read and agree to our rules regarding Copyright and Intellectual Property available on item 5 of these Terms of Use, prior to utilizing the Services. The goal of these rules is to avoid that You, we and the owners of applicable rights suffer any loss. If You don’t agree to these rules, do not use the Services.

As part of the Services, ImagineRio also offers You a discussion forum where You can interact with other users and exchange information and experiences related to the platform. The Services are strictly provided for private, non-commercial, use. Therefore, if you wish to advertise products or services, do not use our Services.

The Services and the platform are available via ImagineRio’s website and any other online application through which ImagineRio may provide the Services. It is important that you check if your devices are technically capable of accessing the Services and the platform. ImagineRio is not liable for any technical issues you may encounter when trying to access the Services and cannot guarantee its availability due to setting errors or due to problems related to minimum requirements of software or hardware among other technical issues. Some functionalities and contents may not be made available in your country.

imagineRio is designed for informational purposes and was neither prepared nor is suitable for legal, engineering, or surveying purposes. Represented objects have approximate locations relative to a particular moment of the research project. No warranty is made regarding specific accuracy or completeness. Rice University and the imagineRio research team assume no liability or damages due to errors or omissions.

2. ACCEPTANCE OF TERMS OF USE

By using the ImagineRio platform, whether by simply navigating it or by applying for an account or profile, You automatically agree to the rules and conditions of these Terms of Use, which will be immediately binding as an Agreement.

3. WHO CAN USE THE SERVICES AND HOW (SERVICES CONDITIONS)

3.1. Age: The minimum age required to use the Services is the one established in the legislation of Your country of residence. If You are not legally deemed an adult in your country or region of residence, or if you have any doubts on this matter, check with Your parents or legal guardians what is the applicable age of majority and other legal requirements before using the Services. If you are under 13 years of age, you are not in any way allowed to use the platform.

3.1.1. Brazil: If You are between 16 and 18 years old and are in Brazil, You must be assisted by Your parents or legal guardians to use the Services or to create an account. In this case, by using the Services, You automatically declare that You are doing so under Your parents’ or legal guardians’ assistance. If You are between 13 and 16 years old, You must use the Services and create an account only through the representation of Your parents or legal guardians by means of their express consent to these Terms of Use.

3.2. No impediments: by using the Services, You automatically declare that You are not in any way impeded from doing so, whether by law or any agreements You are part of.

3.3. Registration and access information: ImagineRio does not require a user account for accessing its public interface. To access restricted profile-based tools offered by the Services you must create a user account by choosing a login and a password.

3.4. Precautions concerning your access information: It is advisable that Your password is sufficiently strong and that it’s used exclusively for one account. Your login and password are non-transferable and should be safely stored and protected, preferably by committing them to memory, and should never be shared with anyone. ImagineRio is not liable if Your account is compromised due to failure to comply with basic safety precautions.

4. WHAT YOU CANNOT DO (YOUR COMMITMENTS)

4.1. You will be free to use the platform and the Services as you see fit, on the other hand, we have to set out some undesirable conducts - either because they’re against the law or because they jeopardize the purpose of the Services - to guarantee a pleasant experience at the imagineRio platform.

FOR THIS REASON, THE FOLLOWING IS NOT ALLOWED:

4.1.1. to infringe on the Intellectual Property outlined in item 5 below, or in the Copyright and Intellectual Property legislation applicable in Your country of residence;

4.1.2. to post untrue or deceiving content;

4.1.3. to post content or comments that may harm in any way ImagineRio’s and its Service’s image or credibility;

4.1.4. to post any content or comment considered as offensive, defamatory, slanderous, injurious, obscene, pornographic, erotic, sexist, anti-female, Nazi, fascist, racist, homophobic, discriminatory, or in any way offensive to the honor or dignity of any person, or that is capable of exposing any person to a humiliation, vexatious or degrading situations, including acts of bullying and acts that disrespect any individual’s physical condition, origins, religion, beliefs, or that may represent political or religious intolerance;

4.1.5. to post any content that includes the image of children or teenagers, meaning anyone who is under 18 years old or, if the applicable age of majority is over 18, under the age of majority established in the legislation of Your country of residence;

4.1.6. to alter or interfere –or attempt to alter or interfere– with the normal operations of the platform or the Services, which include the following illustrative actions: to disseminate viruses, malware or spam; to interfere with the access of other users; to collect information in an automatized manner; to make groundless reports on other users and contents that have not infringed these Terms of Use; to disable any safety system or electronic authentication; to automatically create multiple accounts using bots for violating the Services purposes; to hack the platform, the Services and other users;

4.1.7. to disseminate fake news, incite violence or advertise political propaganda affiliated with any party;

4.1.8. to collect private or personal data belonging to other users, whether in an automatized manner or not, for commercial purposes or any other purpose that infringes on the principles and rules set out in the GDPR (General Data Protection Regulation (EU) 2016/679), or in the LGPD (Data Protection General Law), if You reside in Brazil;

4.1.9. to divulge or violate confidential or privileged information of third parties;

4.1.10. to advertise products, services or events of other nature (e.g. religious events), unless previously authorized by ImagineRio in written form;

4.1.11. to infringe any conditions set forth in these Terms of Use.

4.2. ImagineRio has the right to, at its sole discretion, interpret other actions not expressly set forth above as directly or indirectly violating these Terms of Use.

5. INTELLECTUAL PROPERTY: WHAT IS IT, WHO OWNS IT, WHAT YOU CAN AND CANNOT DO

The data available at ImagineRio comes from its own research, its contributing partner and You. Each piece of content is subject to rights that may belong to you, to ImagineRio or to other people (third parties), depending on the case.

So, before using ImagineRio, it is important that you read the conditions below and only use the Services after making sure you have understood and agreed to them.

5.1. OUR CONTENT:

All trademarks, trade names, domain names, layouts, trade dress and other signs contained or displayed on the platform (“Signs”), as well as all platform layout, systems, software, apps and source codes related to the platform or Services (“Systems”), are Intellectual Property belonging to ImagineRio, who is the exclusive owner and rightsholder. ImagineRio may at any time, at its sole discretion, add images, texts and other content of its own in the future on the platform which shall also be Intellectual Property belonging to ImagineRio (“Content”).

Content posted by ImagineRio and made available on the platform may also be licensed from third parties, when necessary.

This means you are not allowed to use the Signs or similar symbols in any way, including registering them under Your name as a trademark, domain name or in any other fashion, subject to the applicable legal penalties, which may be criminal in nature.

You are also not allowed to copy, reproduce – fully or partially -, store, exhibit or in any way utilize the Content, to any end, even if not commercial in nature, unless when expressly authorized in these Terms of Use or by ImagineRio.

It is also prohibited to decompile, reverse engineer, copy, reproduce or use the Systems or their source code in any other way if they are not subject to the licenses described above, unless when expressly authorized in these Terms of Use or by ImagineRio.

It is equally prohibited to copy, reproduce - fully or partially - store, exhibit, create derivative works, modifications, changes, translations or in any other way use the content provided by other users on the platform, for any purpose.

5.2. CONTENT AUTHORIZED BY CREATIVE COMMONS OR MIT LICENSES AND FOR RESEARCH AND ACADEMIC PURPOSES

Notwithstanding the conditions set forth above, one or more content, technologic solution or functionality of the Service may (or may not) be previously licensed for non-commercial use under a Creative Commons or MIT license. CHECK THE INFORMATION ON OUR WEBSITE TO IDENTIFY THE SPECIFIC CASES WHERE THE USE OF A CERTAIN WORK OR CONTENT IS PERMITTED UNDER A CREATIVE COMMONS OR MIT LICENSE, AS WELL AS THE CONDITIONS OF SUCH LICENCES FOR USE. IF IN DOUBT, PLEASE CONTACT US AT imaginerio@rice.edu. DO NOT USE SUCH CONTENT OR SYSTEM WITHOUT CONSULTING US PREVIOUSLY.

If any Content You wish to use is not in the public domain or if your intended use does not fall under fair use conditions or other copyright limitations according to applicable law, or if the intended use is not authorized under a Creative Commons License, AND CONSIDERING THAT IMAGINERIO IS AN ACADEMIC ENDEAVOR, IF YOU INTEND TO USE SUCH CONTENT FOR ACADEMIC OR RESEARCH PURPOSES, PLEASE CONTACT US AT imaginerio@rice.edu, SO THAT WE CAN EVALUATE IF LICENSING IS POSSIBLE. DO NOT USE ANY CONTENT OF OUR PLATFORM, EVEN FOR ACADEMIC OR RESEARCH PURPOSES, WITHOUT CONSULTING US FIRST, TAKING INTO ACCOUNT THAT EVEN FOR SUCH PURPOSES, THE USE OF A CONTENT, NOT PROVEN IN PUBLIC DOMAIN OR UPON A CREATIVE COMMONS LICENSE OR MIT LICENSE OR OUT OF THE SCOPE OF THIS LICENSE, MAY BE CONSIDERED AS ILLEGAL ACCORDING TO THE APPLICABLE LEGISLATION.

5.3. YOUR CONTENT

By posting any content on the platform, You automatically represent and warrant that the content does not infringe any third party rights relating to copyright, trademark, trade dress, trade name, geographical indications, industrial design, trade secret or privileged information, or any other intellectual property right, or any personality rights (or equivalent rights according to the legislation of your country) or personal data and privacy protection rights. This means the content you post must be of your own creation or that you obtained the necessary licenses before posting such content on the platform.

Before uploading any content created by third parties, You must obtain previous approval in written form from the respective author. You will also need to credit the author of the content by indicating his/hers/their name. If You do not have the author’s consent and do not credit him/her/them, You cannot post the content on the platform. Any failure to comply with this condition may lead to legal consequences applicable exclusively against You. ImagineRio is not liable to any losses and damages or claims of losses and damages resulting from unauthorized content posted by You that violate any rights of third parties

By uploading any content, You declare that You have the right to license the content and that You are not part of any binding contract or legal action or are otherwise engaged in any obligation that may impede You from licensing the content according to the following terms and conditions.

By posting any content on the platform, You automatically authorize ImagineRio, free of charge, to make it available on the platform or to utilize it on the Services, by any means.

We do not claim or desire any ownership of your content, only the appropriate rights to use it, which means you will remain its proprietor. This is what a non-exclusive license means: you will remain able to exploit your content as you see fit, as long as it doesn’t conflict legally or commercially with its use on the platform and Services.

ImagineRio is entitled to transfer and sublicense Your authorization. Consequently, ImagineRio may, at its sole discretion, transfer Your authorization to any of ImagineRio’s contractors, collaborators or agents for use in compliance with the same conditions set forth in this Terms of Use.

You represent and warrant that Your authorization is valid worldwide and is free of charge. You represent and agree that ImagineRio and its partners may use the content in any part of the World without owing any payments to You or any third party, at any time, for any reason.

This authorization is unlimited and irrevocable, being valid for any media or means of use, including, but not limited to storage, copying, reproduction, hosting, synchronization, sharing, preservation, promotion, distribution, exhibition or public performance, creation of derivative works by modifying, changing, editing, translating the original content, or any other use at ImagineRio’s sole discretion.

THE AUTHORIZATION GRANTED BY YOU ALLOWS IMAGINERIO TO LICENSE YOUR CONTENT TO THIRD PARTIES UNDER A CREATIVE COMMONS LICENSE TO BE DEFINED AT IMAGINERIO’S SOLE DISCRETION ACCORDING TO EACH CONTENT. THIS LICENSE WILL ALSO BE IRREVOCABLE AND WILL ALLOW BOTH IMAGINERIO AND THIRD-PARTIES TO USE THE CONTENT ACCORDING TO THE CONDITIONS SET OUT IN SUCH LICENSE. IF YOUR CONTENT IS CHOSEN BY IMAGINERIO TO BE LICENSED UNDER CREATIVE COMMONS, YOU WILL BE NOTIFIED IN ADVANCE. YOU WILL MAINTAIN THE RIGHTS TO YOUR CONTENT, BUT YOU WILL NOT BE ABLE TO OPPOSE THE USES PERMITTED BY THE LICENSE.

YOU ALSO GRANT IMAGINERIO THE RIGHTS TO SUBLICENSE YOUR CONTENT TO ANY THIRD-PARTY FOR ACADEMIC AND RESEARCH PURPOSES. THESE SUBLICENSES WILL BE EXECUTED DIRECTLY BETWEEN IMAGINERIO AND ANY INTERESTED THIRD-PARTY AND WILL NOT PERMIT THE USE OF THE CONTENT FOR ANY OTHER INTENT OTHER THAN ACADEMIC PURPOSES AND OTHER USES NOT SET FORTH IN THE DEFINED CREATIVE COMMONS LICENSE. USES THAT FALL OUTSIDE THE AFOREMENTIONED PURPOSES MUST BE AUTHORIZED BY THE APPROPRIATE RIGHTSHOLDER AND IMAGINERIO WILL NOT BE LIABLE FOR ANY INFRINGEMENTS BY THIRD PARTIES.

Your authorization is granted definitively, which means it will remain valid even if You remove the content from the Service. This is because we may not have control over derivative works based on Your Content that may have been created by authorized users.

Under no circumstance, shall ImagineRio be liable for infringements of Your Content by third parties.

6. REMOVAL OF CONTENT, ACCOUNT AND USER LIABILITY

ImagineRio may remove any content or accounts and profile that may violate these Terms of Use or when obliged to do so by a legal or judicial order or action. ImagineRio can also define the relevance and visualization of content you upload according to curatorial criteria.

ImagineRio may also remove any content or accounts or profiles if there is a suspicion that they may violate these Terms of Use.

ImagineRio shall use its best possible efforts to notify You prior to any removal of Your content or account, however, ImagineRio cannot guarantee that it will be possible.

The deletion of content provided by You or of Your account will not exempt you from or reduce Your liability in regards to the removed content. You may be liable in Your country for any damages caused to ImagineRio and other parties and may face legal action by the proper authorities, depending on the gravity of the infringement.

7. TERMINATION

These Terms of Use shall take effect on the date You start to use the Services and shall remain valid and in full force while Your account is active and while a comment or content posted by you remains on the platform. Some terms and conditions will remain valid even after You have terminated Your account and removed Your comments or content, such as the conditions set forth in items 3, 4, 5, 6, 9, 10 and 11.

8. WARRANTIES AND IMAGINE RIO’S LIMITED LIABILITY

The Services shall be rendered “AS-IS”, and we cannot guarantee that they will be rendered continuously or perfectly. Therefore, under no circumstances shall ImagineRio be liable for third-party services that may be necessary to utilize the Services.

ImagineRio does not warrant the safety of the Services or platform, which are subject to actions of hackers or other abusive acts committed by third parties in bad faith. ImagineRio will be exempt from any liability in this sense, to the maximum extent permitted by the applicable legislation.

ImagineRio does not provide any warranties, explicit or implicit, including any warranty relating to commerciality or adequacy of the Services for any purpose, being exempt of any liability in this sense, to the maximum extent permitted by the applicable legislation.

ImagineRio will not be liable for any services rendered by third parties, even if accessible through the platform or the Services.

ImagineRio will not have control over what You or other Users may post or comment on the platform. The users are solely responsible for the content they upload, as expressly set forth in these Terms of Use, specifically in items 5 and 6, and ImagineRio will not be liable for user-generated content or comments

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LEGISLATION, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL IMAGINERIO OR RICE UNIVERSITY, OR ITS TRUSTEES, OFFICERS, EMPLOYEES AND REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR PLATFORM, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

If the applicable legislation does not permit exemption of liability as set out above, ImagineRio shall be liable only and exclusively for direct damages awarded by a court of law or by any other competent judicial authority, after final judgment. In this case, ImagineRio shall remain exempt from any liability connected with indirect damages, such as moral damages, loss of profits, loss of revenues, loss of chances, loss of information or data, future damages, special, exemplary, punitive or accidental damages.

ImagineRio will also be exempt from any liability connected with the removal of Your account or content.

9. PRIVACY POLICY

To provide You with the Services and to operate the platform, we need to collect and use some of Your personal data.

For this reason, for You to use the Services, You have to read and agree to imagineRio’s Privacy Policy, available on the platform’s homepage. There You will find which data is collected, how it will be treated and shared, as well as how you can access or control them, and our safety measures.

By using the Services, You declare that you understand and agree that Your personal data shall be collected and used in compliance with the Privacy Policy, including the transference of Your data to the United States of America, and other countries for storage purposes, processing and use by ImagineRio.

10. CHANGES IN TERMS OF USE AND SERVICES

ImagineRio may modify the Services at any time and at its sole discretion, which may result in changes to these Terms of Use.

You shall be notified through the e-mail address provided during registration about changes to the Services. The notification shall be sent prior to any changes to provide you with the opportunity to evaluate the respective alterations to the Terms of Use. By continuing to use the Services you will be automatically consenting to the new Terms of Use. If you do not agree with the changes, you will be able to delete your account, canceling the Services.

Any changes to the Services may result in their temporary interruption, at any time.

11. APPLICABLE LEGISLATION AND GENERAL CONDITIONS

These Terms of Use represent a binding agreement between You and ImagineRio.

These Terms of Use shall be interpreted and enforced under the laws of the United States and the State of Texas, without giving effect to its conflicts or choice of law principles. You are responsible and liable for complying with all applicable laws in connection with Your access or use of the Services. In the event a dispute arises related to these Terms of Use or your access or use of the Services, you agree to submit to the jurisdiction of the courts located in Harris County, Texas.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired thereby.