These are the terms of use and provision of the services (the “Terms of Service”) for all registered users of the Sonraí Teanga Óstáilte i gcomhair Ríomhphróiseála (“eSTÓR”) website in Ireland. Your access to and use of the services provided by eSTÓR is subject to and conditional upon on your acceptance of these Terms of Service. By using eSTÓR, you are agreeing to be bound by these Terms of Service, so please read them carefully. If you do not agree to these terms, do not access the eSTÓR Services (as defined below).

Interpretation

1. “Depositor”: means any individual or organisation who deposits material using eSTÓR.

2. “eSTÓR Services”: means the services offered by eSTÓR, which include:

1. User registration, authentication and authorisation;

2. Archiving (storage and maintenance for preservation purposes) of language resources;

3. Documentation (with metadata) of language resources;

4. Searching, browsing and viewing of resource metadata;

5. Uploading and downloading of language resources; and

6. Automatic and manual processing of uploaded language resources.

3. “eSTÓR Registration Service”: means the service through which the Service Provider obtains your name and contact details.

4. “Service Provider”: means the eSTÓR website in Ireland, which is hosted by Dublin City University (“DCU”).

5. “User” or “You”: means an individual or entity who is accessing the eSTÓR Services and exercising rights or undertaking legal obligations under this agreement and who has not previously violated these Terms of Service or who has received express permission from eSTÓR despite a previous violation. Registered users’ details are OR have been obtained through registration with the eSTÓR website.

6. Headings contained in these Terms of Service are for reference purposes only and shall not be deemed to be an indication of the meaning of the clause to which they relate.

7. Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.

Modifications

The Service Provider may at its sole discretion modify these Terms of Service at any time by posting the modified Terms of Service online. Please review these Terms of Service regularly to ensure You are aware of any changes made. Your indication of your agreement to such modified Terms of Service means You agree to be legally bound by such Terms of Service as updated and/ or amended. The Service Provider agrees to notify You regarding any such change by email or through the eSTÓR website or any other appropriate means.

If additional services are added to the eSTÓR Services, then additional terms may apply which will become part of These Terms of Service as set out above.

Use of eSTÓR Services

Access to and use of the eSTÓR Services is provided subject to the following terms, which shall take effect upon Your access to and use of the eSTÓR Services. You agree to use the eSTÓR Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use of such resources.

If You are an eSTÓR registered user, then You shall have unlimited access to all eSTÓR Services offered by the Service Provider; more specifically, You shall have:

1. access to all language resources in accordance with the relevant licensing terms granted for each resource;

2. access to language resources documentation, upload, processing and storage services;

3. the ability to search, browse and view the eSTÓR inventory and the language resource's metadata; and

4. the ability to download language resources in accordance with the relevant licensing terms.

eSTÓR may at its sole discretion modify the features of the eSTÓR Services from time to time without prior notice. eSTÓR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the eSTÓR Services (or any part thereof) with or without notice. You agree that eSTÓR shall not be liable to You for any modification, suspension or discontinuance of the eSTÓR Services.

Privacy

Our privacy notice can be seen at Privacy Policy

eSTÓR Services misuse and notification regarding IPR infringement

You should not misuse the eSTÓR Services, e.g. by interfering with them or by trying to access them using a method different from the one suggested in the eSTÓR instructions. You may use the eSTÓR Services only as permitted by law, including applicable export and control laws, regulations and licences. The Service Provider may, at its sole discretion, suspend or stop providing eSTÓR Services to You if You do not comply, or it is suspected that you are not complying, with eSTÓR Terms of Service or policies or if the Service Provider is investigating any suspected misconduct in respect of your use of the eSTÓR Services.

eSTÓR maintains usage statistics as a measure of readership and the other uses of the eSTÓR Services by Users. It is a violation of these Terms of Services for a party to directly or indirectly use eSTÓR with the purpose of distorting download and other usage statistics, or to encourage others to do so. As part of its general right to refuse or terminate service and remove or edit the content of the eSTÓR Services, eSTÓR reserves the right in its sole discretion to limit access, remove content, and adjust usage statistics to respond to any activity that appears likely to have such an effect.

In case You identify language resources that violate Your Intellectual Property Rights, You may follow the eSTÓR Notice and Take Down procedure found in Appendix A.

Disclaimer and Limitation of Liability

You agree and accept that eSTÓR makes no representation to You and offers You no warranties or guarantees in connection with the eSTÓR Services and the content. eSTÓR Services, content and metadata are provided “AS IS” and on an “ΑS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the maximum extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, compatibility, security and accuracy. The User's attention is specifically drawn to this clause.

eSTÓR does not warrant that functions contained in the eSTÓR Services will be uninterrupted, that defects will be corrected, or that the eSTÓR databases or the delivery mechanism that make it available are free of viruses and bugs.

Under no circumstances will eSTÓR nor any of its affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives ("Indemnified parties"), be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of opportunity; (c) loss of goodwill or injury to reputation; (d) losses suffered by third parties; or (e) any direct, indirect, consequential, special or exemplary damages arising from the use of the eSTÓR Services regardless of the form of action. By using the eSTÓR Services, You are deemed to understand and to have accepted all of the risks and to irrevocably and unconditionally waive all claims and rights of action (whether in contract, tort (including negligence) or otherwise), actual or contingent (if any) which You may have against eSTÓR or any of its personnel should any of the risks become operative and You agree and accept risks pursuant to this clause.

eSTÓR and any of its affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives are not and cannot be held liable for the use of and reliance of the opinions, estimates, forecasts and documentation in any of the eSTÓR Services. eSTÓR are not liable to any User or subject to any claim from a User or third party in connection with any loss or liability directly or indirectly arising from the use of the content within eSTÓR Services, correspondence or emails.

Your sole remedy for dissatisfaction with the eSTÓR Services, materials or any linked site is immediately discontinue accessing them and notify eSTÓR accordingly. The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by You, if any, to access or use eSTÓR or eSTÓR Services. Your use of eSTÓR and any materials provided through it is entirely at Your own risk. You acknowledge that the limitations of liability in these terms and the allocation of risk herein are an essential element of the bargain between You and eSTÓR, without which eSTÓR would not have provided the eSTÓR Services.

Errors

A possibility exists that the eSTÓR Services and/or materials thereon may include inaccuracies or errors or information or materials that violate these Terms of Service. Additionally, a possibility exists that unauthorised alterations could be made by third parties to eSTÓR or materials thereon. Although the Service Provider attempts to ensure the integrity of eSTÓR, it gives no warranty or guarantees as to its completeness or correctness. If a situation arises in which the eSTÓR Services’ completeness or correctness is in question, please contact the Service Provider via our contact information provided on our support page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the eSTÓR Service.

Termination

The rights granted to You hereunder shall terminate automatically upon any breach by You of the Terms of Service. Subject to the above terms and conditions, these Terms of Service shall remain in full force and effect for as long as eSTÓR Services are in existence and unless terminated as stated above. Any termination of these Terms of Service shall be without prejudice to any rights acquired by You or the Service Provider prior to such termination.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of laws principles. The courts of Ireland shall have sole jurisdiction to hear and adjudicate upon any disputes arising out of these Terms of Service.

Sharing of Language Resources

By using the eSTÓR Services to upload and share one or more language resources (the “LRs”) You hereby represent and warrant that:

• You have the legal capacity and authority to agree to these Terms of Services;

• all registration information that You submit is accurate and truthful and You will maintain the accuracy of such registration information;

• You have the full authority and/or permission to deposit the resource and You have properly attributed the LRs;

• You have the necessary legal title or licence in the resource, or You are permitted to make the deposition of the LRs;

• you will respond promptly to any enquiries and communications that you receive from us;

• the deposition of the resource will not violate or be considered a breach of any obligation or right of any third party, including (without limitation) any third-party copyright or other intellectual property right or the data protection rights of any third party;

• without prejudice to the below, any personal data (as defined in EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)) included as part of any LRs deposited has been and is being processed in accordance with all data protection and privacy laws applicable to that personal data;

• the deposition of the LRs will not violate any applicable law or regulation; and

• You have used reasonable skill and care to ensure that the information You provide in the process of deposition does not contain any untrue statements of legal or material facts or other errors or omissions; and

• You will refrain from doing (or authorising any third party to do or to refrain from doing anything) anything which we believe is likely to damage our name and reputation and/or bring our reputation into disrepute.

You represent and warrant to us that You will:

• Undertake and agree that any LRs deposited with us will not contain any personal data (as defined in the GDPR) being processed by You as either a data controller or data processor (each as defined in the GDPR)

• not make copies, duplicate, modify, create derivative works from or distribute all or any portion of the Service Provider;

• not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Service Provider ;

• not make alterations to, or modifications of, the whole or any part of the Service Provider, or permit it to be combined with, or become incorporated in any other programs; or

• not access, use or copy all or any part of the Service Provider in order to build a product or service which competes with it;

• not sell, resell, trade or otherwise provide access to the Service Provider to third parties or otherwise furnish third parties with access to any login details to the Service Provider;

• not license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit eSTÓR Services;

• not use the eSTÓR Services fraudulently, maliciously or in any unlawful manner or for any unlawful purpose or in any manner inconsistent with these Terms of Service;

• not use the Service Provider in any way that interrupts, impairs or renders the Service Provider less efficient;

• not use the Service Provider to transfer files that contain viruses, trojans or other harmful programs;

• not use the Service Provider to access or attempt to access the accounts of other Service Provider users or to penetrate or attempt to penetrate any security measures;

• not use eSTÓR or DCU’s Intellectual Property Rights or mention them in any publication, website, press release or other media without our prior written consent. For the purposes of these Terms of Service “Intellectual Property Rights” includes any patent, trade or other mark, registered design, topography right, copyright, database right or any other right in the nature of any of the foregoing (or application, or right to apply for, any of the foregoing), and trade or business name, invention, discovery, improvement, design, technique, confidential process or information or know how, in each case subsisting anywhere in the world and whether registered, unregistered or unregistrable, and any licence or right of user of any of the foregoing, and the full right to all legal protection relating to the same; or

• not use the Service Provider to infringe our Intellectual Property Rights or the Intellectual Property Rights or other rights of any third party.

Further to the above, you hereby indemnify eSTÓR and DCU in respect of any personal data (as defined in GDPR), that has not been adequately anonymised as set out under GDPR.

Appendix A

Notice and Take Down policy

If a rights holder is concerned that s/he has found LRs on eSTÓR in Ireland, for which s/he has not given permission, granted a licence or is not covered by a limitation or exception in national law, such rights holder is asked to contact the Service Provider at estor@dcu.ie in writing, stating the following:

1. His/her contact details;

2. The full bibliographic details of the LRs;

3. The exact and full URL where s/he found the LRs; and

4. Proof that s/he is the rights holder and a statement that, under penalty of perjury, s/he is the rights holder or an authorised representative.

Upon receipt of notification, the ‘Notice and Take Down’ procedure is then invoked as follows:

1. The Service Provider will acknowledge receipt of the complaint by email or letter and will make an initial assessment of its validity and plausibility.

2. Upon receipt of a valid complaint, the LRs will be temporarily removed from eSTÓR pending an agreed solution.

3. The Service Provider will contact the individual or organisation who deposited the material within ten working days from the receipt of a valid complaint. The Depositor will be notified that the material is subject to a complaint, under what allegations, and will be encouraged to assuage the complaints concerned.

4. The complainant and the Depositor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:

   1. The LRs is replaced on the eSTÓR with the inventory unchanged.

   2. The LRs is replaced on the eSTÓR with the relevant changes in the inventory.

   3. The LRs is permanently removed from the eSTÓR inventory.

5. If the Depositor and the complainant are unable to agree on a solution, the LRs will remain unavailable through the eSTÓR Services inventory until a time when a resolution has been reached.

6. You agree and acknowledge that eSTÓR is an information society service provider, as defined in Directive 2000/31/EC and transposed into Irish law by the European Communities (Directive 2000/31/EC) Regulations, 2003 (S.I. 68 of 2003) , and that it is not under any obligation to monitor the information which it transmits or stores. You agree and acknowledge that eSTÓR shall not be liable in respect of information which is hosted or cached by us or in respect of which we act as a mere conduit.

7. eSTÓR cannot and is not required to review the contents of any deposits, nor does it confirm the validity of information submitted. eSTÓR hereby notifies You that it does not actively monitor deposits to the website by Users and, as such, is not responsible for and gives no warranty or representation in relation to any deposits posted by Users. Whilst eSTÓR does not monitor deposits posted by Users, eSTÓR reserves the right to take down any deposits that comes to their attention via a complaint or otherwise. Users who repeatedly flout these Terms of Service will be barred from submitted further Deposits.