Terms and Conditions

WHO CREATED THESE TERMS

A.      The Ministry of Investments and European Projects of Romania, a ministry within the Government of Romania.

The Ministry of Investments and European Projects of Romania is an official governmental body, part of the Government of Romania, headquartered at Șos. București-Ploiești nr. 1-1B, Victoria Office, Intrarea Str. Menuetului 7, Sector 1, Bucharest.

THESE TERMS ARE AN AGREEMENT BETWEEN:

A. YOU - as a Visitor or User of our Platform; and

B. THE MINISTRY OF INVESTMENTS AND EUROPEAN PROJECTS OF ROMANIA (M.I.P.E.) – the entity exclusively owning and operating the Platform.

THESE TERMS ESTABLISH THE RULES THAT APPLY TO:

A. accessing and/or using the Platform; and

B. accessing and using the Content of the Platform, including the functionalities offered through the Platform.

WE WILL USE THE FOLLOWING DEFINITIONS IN THESE TERMS:

A. Platform Content – has the meaning set forth in clause 5.1 below;

B. User Content or Your Content - has the meaning set forth in clause 6.2 below;

C. You – refers to any individual, as a Visitor or User, depending on the context in which the term is used;

D. Intellectual Property Rights – means any intellectual property rights, as defined throughout the world, including, but not limited to, copyright, related rights, patent rights, trademark rights, sui generis rights relating to databases, any rights to software and hardware configurations, as well as any other intellectual property rights (registered or unregistered) worldwide;

E. M.I.P.E. or We – Ministry of Investments and European Projects of Romania, which is an official governmental body, part of the Government of Romania, headquartered at Șos. București-Ploiești nr. 1-1B, Victoria Office, Intrarea Str. Menuetului 7, Sector 1, Bucharest. The official website of the ministry and contact details are accessible here. Any references containing the words "our", "we", or similar shall be understood as references to the Ministry of Investments and European Projects of Romania;

F. Platform – represents a dedicated software solution for publishing and promoting the Attractive Romania Program, which can be accessed both in the form of a mobile application (accessible by download from Apple App Store and Google Play Store), and in the web version (available at www.romania-atractiva.ro). Throughout this document, the term "Platform" shall refer to either version, unless explicitly stated otherwise;

G. Attractive Romania Program – represents a project developed by M.I.P.E. to support cultural tourism and promote cultural attractions in Romania less known, nationally and internationally. The Attractive Romania Program is part of the National Recovery and Resilience Plan (PNRR). M.I.P.E. is the coordinator of this project, part of Component 11 – Tourism and Culture, Investment 1 – Promotion of the 12 tourist/cultural routes, Milestone 332 of the National Recovery and Resilience Plan (PNRR);

H. Term(s)– refers to this document;

I. User- means any individual who accesses, browses, and uses the Platform and is registered in the Platform through a User account, on their own behalf or on behalf of another natural or legal person;

J. Visitor- means any individual who accesses and browses the Platform without registering through a User account, on their own behalf or on behalf of another natural or legal person.

1. PLATFORM AND PLATFORM TERMS

1.1. Purpose of the Platform. The purpose of the Platform is to support cultural tourism and promote cultural attractions in accordance with the Attractive Romania Program.

1.2. Platform Usage Agreement

1.2.1. These Terms represent a contractual agreement between You and M.I.P.E. regarding the conditions of access and use of the Platform;

1.2.2. if you are a Visitor - accessing and navigating the Platform constitutes your acknowledgment and agreement to all these Terms;

1.2.3. if you are a User - you will need to accept these Terms as well as confirm that you have been informed about the Personal Data Processing Policy at the time of creating the User account (in accordance with Section 3). In this case, you will be provided with the User-specific functionalities only if you accept these rules in their entirety. Otherwise, you will not have the right to access or use the Platform as a User, but you will still be able to access it as a Visitor by complying with the other rules in these Terms.

1.3. Modification of Platform Terms. M.I.P.E. reserves the right to modify these Terms at any time. If we modify the Terms, we will publish the updated version on the Platform, update the "last update" date indicated at the top of these Terms, and inform you accordingly:

1.3.1. using your contact details provided when creating the User account and/or by displaying them on the Platform at the time of the first access to the Platform after the Terms have been modified (if you are a User), respectively

1.3.2. by displaying them on the Platform at the time of the first access to the Platform after the Terms have been modified (if you are a Visitor).

1.4.  Please also periodically review these Terms. Any changes to the Terms will apply from the date the "last update" is published according to art. 1.3.1-1.3.2 above, and your continued access to or use of the Platform after the Terms have been updated will constitute your acceptance of the changes made.

1.5. You must comply with these Terms for M.I.P.E. to provide you with access to the Platform Content or to fully benefit from the Platform functionalities.

2. PLATFORM FUNCTIONALITIES

2.1. By accessing the Platform, you can view the routes, recommendations, and events promoted by M.I.P.E. and included by M.I.P.E. in the Attractive Romania Program, as they will be recurrently updated by M.I.P.E.

2.2. Available Routes in the Platform may include, as applicable, one or more of the following functionalities:

2.2.1. brief descriptions of routes or cultural-tourist attractions, details about the counties where they are located, including the option to view an interactive map to see their location;

2.2.2. ability to access each cultural-tourist attraction included in a route and view specific details of such an attraction;

2.2.3. descriptions of each cultural-tourist attraction and, as applicable, audio guides available in one or more languages (as made available by M.I.P.E., at its discretion), including contact information, access and ticket information, facilities, photographs, or, as applicable, videos or virtual tours presenting the attraction, ratings, reviews, and photographs published by other Users regarding a cultural-tourist attraction, details of other tourist attractions in the area.

2.3. Available Recommendations in the Platform may contain information about one or more routes available in the Platform, one or more cultural-tourist attractions or events, as they may be published and updated at M.I.P.E.'s initiative.

2.4. Available Events in the Platform may contain, as applicable, information about the organizer, details about the date, location, and time of the events as well as other information as indicated by the organizer in this regard on the Platform.

2.5. Functionalities available only for Users:

2.5.1. ability to search for cultural-tourist attractions in the dedicated field in the User account;

2.5.2. ability to save favorite cultural-tourist attractions in the dedicated section of the User account, as well as to automatically generate routes including these attractions in the interactive map available for this purpose in the User account;

2.5.3. ability to publish ratings, reviews, and photographs of cultural-tourist attractions in the Platform;

2.5.4. other functionalities as made available by M.I.P.E. during the existence of the User account.

2.6.  M.I.P.E. may update these functionalities without your consent. Section 9 applies accordingly to these updates.

3.  USER ACCOUNT CREATION

3.1.  Registration Steps. To benefit from any of the functionalities dedicated to Users, you must access the dedicated "Sign Up" button within Our Platform.

3.2. To create your User account, you have the possibility to register and log in to the Platform by completing a dedicated form, in which you will need to:

3.2.1.  enter your name, surname, and email address and choose a password;

3.2.2. accept these Terms and declare that you have been informed about the processing of your personal data (in accordance with the Personal Data Processing Policy), using the checkboxes available in the form; and

3.2.3. click on the "Create Account" button.

3.3. Alternatively, you will be able to create a User account in the dedicated form, using a pre-existing account you hold in another information society service, such as an Apple or Google account.

3.4. Any natural person can register a User account in the Platform. For more information on how we process your personal data, please refer to the Personal Data Processing Policy.

3.5.  The entered data must correspond to accurate, current, and complete information that belongs to you. You cannot create an account using personal information of third parties, except to the extent that you have their prior consent. If we are notified of the unauthorized use of information by its owner, we will suspend your account until the situation is clarified.

3.6. User Account Security. When creating and/or using your User account, you must take the following security measures:

3.6.1. choose a strong password when registering;

3.6.2. maintain and promptly update, if necessary, the information in your User account;

3.6.3. protect your User account data and access to your account;

3.6.4. if you are or become aware of any unauthorized use of the password or User account data, you must immediately notify M.I.P.E.

3.7. Accounts registered by "bots" or other automated means are not allowed and will be deleted without any prior notice, as soon as their existence is detected by M.I.P.E..

3.8. It is not allowed to use a User account by multiple persons jointly, without prior written notice addressed to M.I.P.E in this regard.

3.9. If there is a suspicion of unauthorized use or if you become aware of any unauthorized use of the Account or any part of it or any other security breach, you must immediately notify us at the email address indicated in section 10.6 below. M.I.P.E. is not responsible for any loss or damage resulting from your failure to comply with the security obligations set forth in these Terms.

4.  PLATFORM FREE OF CHARGE

4.1.  M.I.P.E does not charge any fee related to the Platform. Accessing and using the Platform as a Visitor or User is free.

4.2. Access Prices to Objectives and Events. Access to certain cultural-tourist objectives or events published on the Platform is made under the conditions established by the administrator or organizer of those. Therefore, there is a possibility that access to a certain cultural-tourist objective may be subject to a price, which will be owed directly to that administrator or organizer. In these cases, the price is not set by M.I.P.E, and will be determined and owed directly to the administrators of cultural and artistic objectives or event organizers, as specified by that administrator or organizer, as applicable.

4.3. M.I.P.E. limits itself to publishing and promoting information about cultural-tourist objectives and events, without mediating any contractual relationship between you and their administrators/organizers.

4.4. M.I.P.E. will not request for itself or on behalf of other entities (thus, not on behalf of administrators of objectives and not of event organizers) the payment of any fee. The payment of a fee as well as other contractual conditions of access are established by each administrator or organizer individually in accordance with applicable legal provisions and their commercial policies.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Intellectual Property Rights (IPRs) Unless otherwise indicated, all elements of the Platform, all content, and other materials contained on the Platform are exclusively owned by Us (or, where applicable, Our licensors) and are protected by applicable Intellectual Property Rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, images, systems, information, data, methods, code of the Platform, the services, all other elements, and any other documentation or auxiliary materials provided within the Platform ("Platform Content") are exclusively owned by Us or Our licensors and are protected by copyright, trademarks, trade secrets, and any other Intellectual Property Rights.

5.2. Your Rights You may use the Platform and the Content exclusively for the purpose detailed in Section 1 of these Terms. Thus, you are not allowed to:

5.2.1. use the Platform or the Content, outside the purpose indicated in Section 1, except with express, written, and prior authorization obtained from IPRs;

5.2.2. use any algorithms, robots, or similar methods for collecting or extracting the Platform Content;

5.2.3. assign or transfer in any form, license, sub-license, lease, lend, redistribute, or use for any commercial purpose the Platform Content, except with express, written, and prior authorization obtained from IPRs;

5.2.4. copy, decompile, or attempt to discover the source code of the Platform or the Platform Content, except with express, written, and prior authorization obtained from IPRs;

5.2.5. remove, modify, or hide any copyright notices, trademarks, or other notices regarding Intellectual Property Rights included in the Platform or the Platform Content;

5.2.6. grant rights to the Platform Content to another person through a User account without obtaining these rights in advance from IPRs;

5.3. As the Platform Content is exclusively owned and/or operated by Us and is protected by Intellectual Property Rights, we grant you a right of access to the Platform Content only for the purpose provided by these Terms.

5.4. Restrictions. Any use of the Platform or the Platform Content, other than expressly authorized in these Terms, without the explicit, prior, and written permission of IPRs, is strictly prohibited. Such unauthorized use may also violate applicable laws, including, but not limited to, laws regarding Intellectual Property Rights. Unless explicitly stated by IPRs in these Terms or in other contractual documents between IPRs and You, nothing in these Terms shall be construed as granting any license to the Intellectual Property Rights of IPRs.

5.5. Without explicit, prior, and written agreement from IPRs, you are not allowed to modify, alter, or otherwise create any derivative works based on the Platform Content or any part thereof.

6. CODE OF CONDUCT ON THE PLATFORM

6.1. You are solely responsible for your own conduct while accessing and using the Platform. You agree to use the Platform only for purposes that are lawful and in accordance with these Terms and any applicable laws or regulations. You agree that you will not engage in, and will not permit any third party to engage in, including but not limited to, any of the following activities:

6.1.1. using the Platform for any illegal or unauthorized purpose or engaging, encouraging, or promoting by you in any illegal activity or that violates these Terms or any other rules or policies established by Us and which we inform you of in advance;

6.1.2. using the Platform to violate the legal rights and legitimate interests of other persons;

6.1.3. removing any mention of Intellectual Property Rights from the Platform or any part thereof, either intentionally or accidentally;

6.1.4. using any robot, algorithm, or other automated means or interface not provided by Us, which may affect the functioning of the Platform or to extract data;

6.1.5. indicating any alleged connection between you and Us, unless there is a document with contractual value between Us and you that creates such a connection;

6.1.6. uploading, sending, distributing, or broadcasting any User Content that could be interpreted by a person accessing such User Content as defamatory, illegal, fraudulent, obscene, harassing, or unacceptable;

6.1.7. distributing any other harmful components such as, including but not limited to, viruses, corrupt files, defects, in the context of accessing and/or using the Platform;

6.1.8. indicating that you are someone other than yourself, by any means (for example, by using an email address, name, pseudonym, or other element that does not belong to you);

6.1.9. exploiting the Platform for any commercial purpose not previously authorized, express, and in writing by M.I.P.E.;

6.1.10. accessing or using the Platform to create a product or service competitive with any of Our products or services provided through the Platform, including but not limited to creating an identical or similar platform to the Platform, without the prior explicit written consent of M.I.P.E.

6.2.  Publishing Content by You as a User. You are solely responsible for all content you create, transmit, and/or distribute through the Platform ("User Content" or "Your Content"). With this in mind, you agree not to create, transmit, and/or distribute on the Platform any User Content that:

6.2.1. is illegal or would constitute, encourage, or provide instructions for the commission of a crime or that violates the rights of any person, violates any national or international law, or otherwise creates any prejudice or the premises for creating prejudice;

6.2.2. is defamatory, profane, obscene, pornographic, sexually explicit, indecent, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, abusive, or affects confidentiality or publicity rights, is fraudulent, deceptive, or otherwise unacceptable to another person;

6.2.3. is created with the purpose of allowing a User to impersonate another person or through which false affiliations with a person are made, or the perception of such affiliations exists;

6.2.4. violates or may violate Intellectual Property Rights;

6.2.5. contains any statements, remarks, or assertions that do not reflect your sincere opinions and experiences regarding the Platform;

6.2.6. is designed to deceive or mislead other Visitors and/or Users.

6.3. The originality of any content published by you as a User and compliance with the Intellectual Property Rights of third parties are your full responsibility. Thus:

6.3.1. M.I.P.E. has no obligation, at any time, to verify the originality or compliance with the Intellectual Property Rights of third parties regarding your content.

6.3.2. To the extent that a third party invokes a violation of its Intellectual Property Rights, M.I.P.E. has the right (but not the obligation) to request evidence of compliance from you, and if applicable, you will be obligated to remove that part of the content that infringes the Intellectual Property Rights of third parties within 30 (thirty) calendar days from receiving notification from M.I.P.E. to this effect; this right does not limit the provisions of art. 3.5 and 3.7 of these Terms.

6.3.3. If no evidence is provided or the evidence is deemed insufficient by M.I.P.E., you agree that the content will be temporarily removed until you can provide a decision from a competent authority showing that there is no infringement.

7.                   RESPONSIBILITY & COMPENSATION

7.1. If we are informed that you and/or Your Content violate the laws or rights of others or if we believe that Your Content or your behavior (within or outside the Platform) is illegal, inappropriate, or unacceptable, we reserve the right to delete Your Content (for example, if there is a suspicion that it infringes Intellectual Property Rights or data processing rules or is illegal activity).

7.2. You agree to defend and indemnify M.I.P.E. and any of its agents, employees, advertising agencies, licensors, suppliers, or partners against any claims, damages, payments, fines, judgments, debts, losses, costs, and expenses of any kind or nature, including litigation costs, legal fees, and attorney fees arising out of or in any way related to:

7.2.1. Your Content;

7.2.2. your use of the Platform;

7.2.3. your breach of these Terms; and/or

7.2.4. the infringement of any rights of another person.

7.3. Your indemnification obligation will survive the termination of these Terms and your use of the Platform, for the duration of the applicable statute of limitations.

8. STATEMENTS AND LIMITATIONS OF LIABILITY

8.1. Modification of the Platform. The Platform is exclusively owned and operated by M.I.P.E.. M.I.P.E. reserves the right to modify and update the functionalities of the Platform at its own discretion, without the need for prior notification and/or consent of Visitors/Users. This means that M.I.P.E. may add, remove, or change the features and options of the Platform at any time and without prior notice to Visitors/Users, except as provided in Section 1. Visitors/Users are not entitled to request or obtain compensation or damages in the event of such modifications or updates made by M.I.P.E., to the extent they agree to continue using the Platform in accordance with the updated Terms related to the Platform thus modified (if the modification of the Platform requires such updates to the Terms).

8.2. Limitation of liability. In no event shall M.I.P.E. or its affiliates, suppliers, partners, or agents be liable for any damages caused by interruptions as provided in Article 8.1 above or the lack of availability of such features.

8.3. You understand and agree that you are solely responsible for all activities conducted in your User Account and, to the maximum extent permitted by law, you accept all risks of any authorized or unauthorized access to your User Account.

8.4. We may also cancel, suspend, block, or remove a certain type of Platform Content or User Content if we find or suspect that such respective content violates the provisions of these Terms.

8.5. We are not responsible for the delay or failure of Our operation of any of the Platform's functionalities, caused by events beyond Our reasonable control, such as war, natural disaster; interruption of power supply, internet, or telecommunications or government restrictions or any other force majeure event, as defined by the applicable law of these Terms.

8.6. You agree that, to the maximum extent permitted by applicable law, M.I.P.E. shall not be liable to you or any other third party for any direct or indirect damages, including, but not limited to, consequential damages (whether incurred directly or indirectly), loss of your business reputation, the cost of acquiring substitute goods or services, or any other loss, arising out of or in connection with the Platform, regardless of the type of liability (contractual or tortious).

8.7. External Sites. When you access or use Our Platform, you will find links to other websites that We do not own or control. We are not responsible for the content or any other aspect of these third-party websites, including the collection of information about you. You should also read the terms and conditions and the personal data processing policies applicable to those websites.

9. DURATION, SUSPENSION, OR TERMINATION

9.1. If you register a User Account, these Terms will be mandatory for the duration in which you have an active User Account.

9.2. However, the termination of the Terms in any of the ways established here will not affect any obligations already due between you and M.I.P.E., nor any obligations that are to take effect after the termination of the agreement generated by these Terms.

9.3. You can terminate these Terms by deleting your User Account.

9.4. In the event that you violate these Terms, we reserve the right to suspend or terminate in full or in part your access to the Platform, at Our discretion, immediately and without prior notice, and to delete or disable the User Account until the violation is remedied (if such remedy is possible). In such a case, we will inform you accordingly about the action taken by us.

9.5. We may also cancel, suspend, block, or remove certain types of Platform Content and/or User Content, including if such content violates the provisions of these Terms.

9.6.  Users have the option to delete User Accounts, and in such case, all their account information will be deleted. However, we may retain certain information in accordance with our personal data processing policy available here: legals.romaniaatractiva.ro/politica-de-confidentialitate.

10. OTHER CLAUSES

10.1.  Cession. M.I.P.E. may assign these Terms and/or any or all of its rights or delegate any and all of its obligations under these Terms without your consent.

10.2. All provisions contained in these Terms extend to and shall be binding upon M.I.P.E.'s successors and assigns. You do not have the right to assign these Terms or any of the rights and/or obligations arising from these Terms to any other person or entity without the prior, explicit, and written consent of M.I.P.E..

10.3. Independence of Clauses. If any provision of these Terms is found to be illegal, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

10.4. Waiver of Rights. We decide if and when to enforce these Terms. When we do not do so, this does not constitute a waiver of our right to enforce these Terms.

10.5. Applicable Law and Jurisdiction. These Terms are governed and interpreted in accordance with the laws of Romania. Any dispute arising out of or in connection with these Terms shall be the exclusive jurisdiction of the courts of Romania.

10.6. Notifications. Any notice or other communication shall be made:

10.6.1. To M.I.P.E.:

·  In writing by registered letter with acknowledgment of receipt to the address in the preamble of these Terms, or

·  to the email address contact@romania-atractiva.ro;

10.6.2.  to you at the email address associated with your User Account.