Terms of Use

LAST UPDATED: MAY 2018

ACCEPTANCE OF THE WEBSITE’S TERMS OF USE

The non-prof organization “MANA” (hereinafter “MANA”) represents the sole administrator of the domain name www.manaorg.com and the website thereunder www.manaorg.com (hereinafter “the Website”), assuming responsibility of any information it displays, in the form of text, audio and visual data (hereinafter “the Material”), which aims at presenting the MANA’s humanitarian scope and activity towards the public.

The use of the Website is subject to the present Terms of Use (hereinafter “the Terms of Use”) as anytime in force, and requires the agreement of any user of the Website in relation to the use thereof (hereinafter “the User” or “the Users”).

By accessing the Website, the User declares full acceptance of the Terms of Use, as anytime in force.

AMENDMENT OF THE TERMS OF USE

MANA reserves the right to amend the Terms of Use and/or any other provision regarding the use of the Website at its sole discretion, by placing a relevant notice at the Website’s homepage, whereas reference of the last update is also made at the beginning of the Terms of Use. It lies upon the responsibility of the User, to periodically read the Terms of Use, so as to be informed of their content.

SPECIFIC TERMS

Should the use of any specific website service conform to more specific terms of use, those are described as a whole within the present Terms of Use. In case of conflict, the more specific terms of use shall prevail.

USE OF THE WEBSITE BY MINORS

By accepting the Terms of Use, the User declares that s/he is over the age of 18 years old, or, if under-aged, that s/he has obtained the necessary parental consent and that s/he shall provide all necessary parental information upon request. The holders of the minor’s legal custody are solely responsible to protect the minor from any adult or generally inappropriate website content whatsoever.

It falls within MANA’s Policy not to control in advance the content or the information provided by any User. MANA is not liable for the website’s access to any information, content, services or 3rd party applications, that might be deemed as illegal, immoral or inappropriate for certain categories of individuals, such as minors.

Should the user consider that the Material of this Website or part thereof, offends in any way their rights or the rights of third parties, s/he may address it by sending a relevant email at info@manaorg.org defining the exact Material or part thereof s/he considers as offensive and the reasons supporting the relevant claim.

LIABILITY OF MANA FOR THE CONTENT OF THE WEBSITE

The Website is used “as is”, and is subject to amendments exclusively by MANA, whereas the User has no modification and/or intervention capability therein whatsoever.

MANA makes all reasonable efforts to ensure the safe use of the Website and to ensure it provides precise, accurate, liable and up-to-date information. The Users however recognize and accept, that, given the nature and the evolution of the Website’s services, as well as of the nature of the Website’s technical needs, MANA might not be able at all times, to exercise full control of the content of the Website and the security of its website services.

MANA does not guarantee, and is released of any liability whatsoever in relation to, the lawful use of the Website from its Users and the accuracy as well as the continuous update of its Website content and safety. Therefore, the Users hereby agree to always evaluate the content of the Website and be solely responsible for the Use of the Website from their end, including any decision that relies upon the correctness, accuracy and validity of the Website’s content.

THE USER TAKES FULL RESPONSIBILITY OF THE USE OF THE WEBSITE; MANA, ITS MANAGEMENT, ITS STAFF, ITS REPRESENTATIVES OR ANY THIRD PARTY INVOLVED IN THE CREATION, DESIGN, DEVELOPMENT, PUBLICATION OR SUPPORT & MAINTENANCE OF THE WEBSITE BARE NO LIABILITY, TO THE EXTEND PERMITTED BY LAWS, FOR ANY DIRECT, INDIRECT, MORAL, MATERIAL OR ANY OTHER DAMAGE CAUSED OR CONNECTED TO THE USE OF THE WEBSITE OR OF THE MATERIAL, INCLUDING, INDICATIVELY, THE INFECTION FROM VIRUSES THROUGH THE USE OF THE WEBSITE OR THROUGH EMAILS SENT AND/OR RECEIVED THEREFROM.

LINKS TO OTHER WEBSITES

The Website may include links to other Websites managed by third parties, only for the User’s ease. MANA is not in control and has no responsibility whatsoever for the operation, content, privacy policies or security of third party Websites. Indicatively, MANA bares no liability in case the third party websites:

– violate the rights of the User or of any third party involved

– are unsafe or inaccurate, inadequate or misleading

– contain viruses or other programs that might prove harmful

MANA does not adopt the content, products or services offered by third party websites, nor is it associated with their administrators. In cases when the Website contains links or hyperlinks to other websites, the administrators thereof bare full (civil and criminal) liability for the safety, lawfulness and validity of their content, whereas MANA is not liable whatsoever, such as of liability for violation of intellectual property- or industrial property rights. Should the User decide to establish a link to third party Websites, the latter is solely responsible for invoking the connection and access thereto.

INTERNATIONAL ACCESS

Users may access the website from all over the world. MANA is a Greek Organization and is subject to the laws of Greece with respect to the control, administration and liability for the operation of the Website. Notwithstanding the provisions of the present Terms of Use in relation to MANA’s content, MANA does not bare any liability whatsoever, in case the Website, the Content, the Material referred therein are deemed as illegal in Countries outside the Greek jurisdiction. The access of any User from a Country outside the Greek jurisdiction is subject to the laws of the country thereof and the User is solely responsible to comply therewith.

INTELLECTUAL AND INDUSTRIAL PROPERTY- LICENCE ΑGREEMENT

PROPERTY RIGHTS

The Website, its software and its Material, including the design and presentation of the Website, falls within the intellectual and/or industrial property of MANA and is protected by the relevant provisions of the Greek, European and international law on the protection of intellectual and industrial property.
The User has no property rights upon the Website and the Material, apart from the license rights explicitly granted through the present Terms of Use. MANA hereby reserves all intellectual property and industrial property rights, including rights upon trademarks, products or services, tradenames, logotypes etc. as contained in the Website and the Material.

END USER LICENSE AGREEEMENT

Provided that the User complies with the Terms of Use and the Privacy Policy of the Website, MANA hereby provides a free of charge, limited, non- exclusive, non-transferable and non-transmittable license to access, download and display the Website and the Material, in accordance with the present Terms of Use. Subsequently, all Users recognize and accept that the Website and the Content may only be used for personal and non-commercially exploitable activity. Any User may download and/or copy and/or store part of the Material for exclusive personal and non-commercially exploitable use, having no right to delete the indication of its origin and provided that the User shall in any case protect any and all intellectual property rights of MANA from any harm. The aforementioned actions shall be permitted for any other cause not explicitly described herein above, only upon MANA’s explicit consent. Accessing the Website or any other of the above actions may by no means result in the establishment of a right, title or lawful interest upon the Website or a downloaded and/or copied and/or stored section thereof.

Notwithstanding the above acceptable uses, the Website and the Material may not be anyhow reproduced, copied, leased, sold, sublicensed, transferred, extracted, transmitted, retransmitted, disposed partly or as a whole to any User. The commercial use of the Website for exploitable purposes is strictly prohibited. The amendment, adaptation, alteration, translation or any other modification whatsoever of the Website and/or of the Material is strictly prohibited. Likewise, the deconstruction and reconstruction or any other attempt to acquire the Website’s source code is prohibited. Additionally, the creation and/or publication of a data base containing important parts of the Website, without MANA’s explicit consent is prohibited.

Furthermore, any action that could jeopardize or furthermore violate the security rules and the Terms of Use of the Website’s content, which apply or are imposed by any functionality of the Website (including the management of digital rights) is strictly prohibited. The Use of the Website so as to access, copy, transmit, codify or retransmit its content in breach of any law or right of MANA, as well as the abstraction, withholding, misuse of any intellectual property rights’ declarations, including trademarks and other exclusive rights of MANA or third parties, are strictly prohibited.

The use of the Website in any unlawful way whatsoever, for any illegal purpose or in breach of applicable local, EU and international intellectual property laws is strictly prohibited.

The Users of the Website unconditionally accept, agree and declare they shall only make lawful use of the Website and shall abide by the present Terms of Use.

Any use of the Website which violates the Terms of Use is strictly prohibited and will automatically result in the termination of the present License Agreement. The End User License Agreement may be freely recalled by MANA, without the User’s prior notice.

It falls within Company’s values and policies, to respect and protect the intellectual property rights of third parties. Should the User consider that a breach of third party property rights has taken place through the Website, the User may contact MANA at info@manaorg.org, and define the part of the Website which s/he considers offensive and the reasons that ground said claim.

PERSONAL DATA AND PRIVACY

For the protection of privacy and personal data by MANA, please visit our Privacy Policy, which is deemed as an indispensable part of the present Terms of Use.

AVAILABILITY AND SECURITY

MANA shall make all reasonable effort to preserve and make the Website available to Users. Nevertheless, all Users hereby recognize that the Internet use may be unsafe and that the availability of websites may be affected by the equipment of users, by other communication networks, by internet service providers, by the large number of users who try to access the Website at the same time or by any other cause. The Users hereby agree that MANA is released of any liability for the interruption or abnormal functionality of the Website.

The Website and MANA have no relation with the provision of internet connection services or infrastructure and the User is solely responsible for the payment of any debt to the Service Providers of internet services, so as to have internet access.

Users agree and accept that MANA may temporarily or permanently modify and/or interrupt the operation of the whole or part of the Website without their prior notice. Thus, MANA is not liable for any kind of damage related to the interruption of the function or the abnormal function of the Website or to the inability of the Users to access it, the pause of the whole or part of it, the delay, non- transmission, interruption, bad quality of services or loss of content or any kind of mistake whatsoever. MANA does not guarantee the compatibility of the Website with the user’s PC, its content and software.

SOFTWARE AVAILABLE ON THE WEBSITE

All intellectual property rights and/or any other rights upon the software which is available when visiting the Website, belong to MANA and/or its providers/licensors. In order to access the information of the Website, the User may be requested to sign a License Agreement with third party software providers, whereas the User’s accessibility of the Website may depend on the signing thereof. The use of each software is subject to the terms of each separate License Agreement; MANA is released of any liability in relation to each Software’s License Agreement. The User must refrain from installing or using any software without a valid license agreement and bares full liability, if the User proceeds therewith without a valid license agreement.

SERVICING

MANA reserves the right to temporarily or permanently interrupt the function of the Website or part of it, for servicing or upgrading purposes or for any other reason, without the User’s prior notice.

SECURITY

Even though MANA makes all reasonable efforts to protect the Website of any digital virus and/or any other harmful or malicious files or programs, which aim to intervene, destroy or limit the functionality of any software of telecommunications software, MANA cannot guarantee that the Website shall not be attacked by malicious attacks. Therefore it falls within the User’s responsibility to safeguard the integrity and security of software systems and equipment and MANA is released of any liability in case of an attack to the User’s software and hardware from viruses and other malicious files, as described herein above.

OBLIGATIONS OF USERS

Users accept and agree to make lawful use of the Website. Users hereby declare that, through the use of the Website:

-They shall by no means act in a way which will prevent the lawful use of the Website and/or other websites linked to it.

-They shall not act in breach of any intellectual and/or industrial property rights of MANA or third parties

-They shall not act in a misleading way towards any third party in relation to the Website’s origin or content and/or harm in any way the professional reputation of MANA.

-They shall not install, forward and/or transmit in any way viruses through the Website or any other harmful or malicious files and/or programs.

-They shall not install or forward advertising material or spam messages without MANA’s prior approval, nor shall they proceed with sending any unsolicited communications whatsoever.

-They shall not upload or transmit in any way content or information they are not authorized to disclose by virtue of the provisions of laws or private agreements (such as confidential information)

-They shall not act in any way which may be deemed offensive to the rights or personality of others and especially in a way which could harm a minor.

-They shall not intervene nor place the Website’s safety in danger, including the safety of the Material contained therein, the source code of the Software, the Server in which it is hosted and/or networks connected or accessible through the Website or other websites connected to it.

-They shall not aim at a cause which is prohibited by the present Terms of Use.

-They shall not adapt or encourage behaviors which could ground a criminal offense, raise civil claims or anyhow violate the provisions of the law.

-They shall not publish or transmit any material with offensive, threatening, untrue, misleading, disturbing, malicious, vulgar, scandalous, pornographic or blasphemous content. MANA shall fully cooperate with the principles of the law and shall fully comply with any Court Order of decision to disclose the identity of any individual who might publish or transmit unlawful information and/or material.

-They shall not collect emails or other data of users from the Website for unsolicited communication purposes.

-They shall not upload, transmit, store or make accessible to the public photographs of third parties without their express consent.

-They shall inform MANA without undue delay, should any unlawful or prohibited use of the Website comes to their attention.

It is explicitly clarified that the use of the Website for advertising or marketing purposes by the User is prohibited, unless otherwise agreed so with MANA.

It is strictly prohibited to use any data of the Material in any way not explicitly provided for in the present Terms of Use, without MANA’s written authorization. In case of any violation of the Website’s

VIOLATION OF THE TERMS OF USE

In case of violation of the present Terms of Use, the Users are deemed liable for compensation of any damage suffered by MANA. The non-exercise of any of the rights deriving from the present Terms of Use cannot be interpreted as a waiver therefrom.

MANA reserves the right to audit the application of the present Terms of Use at its sole discretional power.

COMPENSATION

The User hereby agrees to protect, defend and compensate MANA, its associates, employees and staff in general for any damage deriving directly or indirectly from the misuse of the Website or in breach of the Terms of Use.

TERMINATION

MANA reserves the right to terminate at no cost and with no further responsibility the present End User License Agreement, without the User’s prior notice, in case the User violates the Terms of Use or any provision thereof, or in case MANA is unable to confirm the information provided by the User during the latter’s use of the Website.

AGREEMENT – VALIDITY OF THE TERMS

The present Terms of Use, as well as any other applicable rules in relation to the Website consist the terms of the agreement between MANA and any User, regarding the use of the Website. Should any Competent Court decide that any of the present Terms of Use is invalid thus inapplicable, the validity of the remaining terms shall not be affected or disputed.

MEANS OF PROOF

The current version of the Website and the Terms of Use, as well as of any email correspondence with MANA, shall be deemed as a lawful means of proof before the competent Judicial or other Regulatory Authorities.

APPLICABLE LAW AND JURISDICTION

The current Terms of Use and any amendment thereof shall be regulated by the Laws of Greece. The Courts of Piraeus are the Competent Courts for the resolution of any claim which might arise from the application of the present Terms of Use, if said claim is not resolved extra-judicially.

All rights and lawful means exercised by virtue of the Terms of Use do not exclude other rights and lawful means provided for by the law or any other agreement.

CONTACT

Users may address all queries in relation to the Website’s Terms of Use to: info@manaorg.org