General

These terms apply to your use of the FORMOBILE Secure Portal (further also: the Portal), available at https://formobile-project.eu/registration.

The portal is provided to you by POLISH PLATFORM FOR HOMELAND SECURITY (further: PPHS) who are part of the FORMOBILE consortium and the leader of the communication Work Package of FORMOBILE, which manages the Portal.

These Terms and Conditions are between you and PPHS, although the whole of the FORMOBILE consortium will be available to help solve any issue.

You can contact the admin team at: communication@formobile-project.eu for any questions about the Portal, your use of the Portal or your account.

Registration and acceptance of terms of use

You can only use this portal after having registered, and upon registration, you accept these Terms and Conditions in their entirety and without reservation. The portal is only for representatives of Law Enforcement and governmental institutions connected to forensics, as well as members of the FORMOBILE project team. Acceptance to the portal will only be granted to individuals using a domain of such public institutions. 

By registering as a user, you declare that you are legally competent in your own jurisdiction to enter into binding agreements, at least 18 years and that you are the person whose details are provided in connection with your user account.

These Terms and Conditions shall constitute the one and only agreement between you and PPHS in relation to the use of the FORMOBILE Secure Portal.

Services provided through the Portal

The FORMOBILE Secure Portal is designed to provide a safe and secure environment for Law Enforcement Authorities (further: LEAs) and governmental representatives to discuss and collaborate on topics related to FORMOBILE. This includes access to documents and information too sensitive or specialised for the general public.

The Portal is comprised of the following specific services:

  • Community: this forum-like environment is meant to enable a specific discussion between LEAs on specific topics in relation to mobile forensics in general and the intended FORMOBILE results specifically. Posts and topics are viewable by all users.

PPHS will endeavour to remove any posts that are deemed unprofessional, discriminatory or that in any way cause offence. If a user has any issue with the content visible on the Portal, they can inform the administration team by contacting: communication@formobile-project.eu

  • Trainings and webinars: this service offers an overview of specific trainings and webinars organised by FORMOBILE which will be aimed at LEAs. These training and webinars may be provided by other FORMOBILE partners and will be hosted separately from the Portal. The Portal only functions to link to these events and to inform you about them.
  • Standards: this service brings together standard-related materials produced in FORMOBILE, such as reports on existing practices and standards, gaps analyses and recommendations. The function of this service is to provide an overview of both existing materials and standards and the added value work that FORMOBILE has realised. Links may be made to existing standards, which may have to be purchased by you in order to have access to them.
  • Documents: this service contains documents produced by FORMOBILE, which are deemed too sensitive for the general public and will only be shared with Portal users. This service may also make available other resources and links relevant to your work.
  • Profile: this service enables you to present yourself in the community (through use of a description, signature and avatar) and to have an overview of your activity on the Portal (recent activity, tags).

Obligations of users

As a user you have the following obligations in the use of the portal:

  • You shall only use the Portal in good faith and in compliance with applicable law.
  • You must use all reasonable security measures when using the Portal.
  • You are responsible for all information and content you upload or provide in the Portal. PPHS, is not responsible for verifying the accuracy or correctness of the information you or third parties provide. PPHS can therefore not be held liable for any of your content or information.
  • When you upload information, you warrant that you have a right to do so. PPHS is not responsible for checking for third party rights on the information, including intellectual property rights. If you do upload information subject to such rights, but with permission of the right’s holder, you must clarify this, as well as any conditions that may be attached to the re-use of that information by other Portal users.
  • You must follow good practice within your institution in relation to the disclosure of (confidential) information. This includes at least that private or sensitive information regarding cases will not be shared through the Portal. You must be aware that posts, replies, comments and other actions (e.g. on the community part of the Portal) are viewable to all users.
  • You must keep your login credentials for gaining access to your account confidential and may not share them with others. Any unauthorised use of your login credentials not resulting from a security breach at the side of PPHS, shall be your own responsibility and happen at your own risk. PPHS is not responsible for any unauthorised access to your data or the unauthorised use of services under your account.
  • You are solely responsible for the use of the Portal through your account, whether or not authorised by you, by any employee of yours, any person to whom you have given access to the services and/or any person who gains access to your data or services as a result of a failure by you to use reasonable security precautions.
  • You shall only use information obtained through the Portal for your own lawful, non-commercial purposes, and with respect to any limits set in relation to that particular piece of information.
  • You shall in any case not share any information obtained through the Portal without the prior, explicit and written consent of all involved parties.
  • You are responsible to keep your information up-to-date and to back up any information you may require in the future.

You will hold PPHS and the FORMOBILE consortium harmless in relation to any claim that arises from your use of the Portal in breach of the foregoing obligations.

Reservations

PPHS reserves the right:

  • To remove or modify any of the content that is deemed to be inappropriate.
  • To change the functionalities or availability of the Portal.
  • To restrict your access to your account or to delete your account.
  • To change these Terms and Conditions.

PPHS can take this action at any time and at its full discretion. You will be informed about these actions.

Warranty and liability

These services are brought to you by PPHS on behalf of the FORMOBILE consortium, “as is” and “as available”.

PPHS makes no warranties as to the results that may be obtained by using the Portal or the correctness of the information shared on the Portal. Any use of the Portal or information provided through the Portal by PPHS, the FORMOBILE consortium or another Portal user is at your sole discretion and at your own risk.

Moreover, you understand and accept that PPHS takes no responsibility with regards to the safety and security of your information shared on the Portal.

In addition, PPHS does not guarantee the permanent availability of the information and content associated with your account. You are responsible for backing up any information for long term storage. In case of availability issues, PPHS shall not be liable for any loss of data.

To the extent permitted by law, PPHS and the FORMOBILE consortium will not be liable for any damage, direct or indirect that you may suffer in relation to your use of the Portal, unless the damage has been caused intentionally or by serious error.

In case of force majeure, neither you nor PPHS will be liable for any damage the other may suffer.

Term and termination

These Terms and Conditions apply from the moment you register as a user and continue to apply as long as your account exists.

You may at any time request for your account to be deleted.

Intellectual property

Your registration to and use of the Portal in no way affects established intellectual property rights. You must respect applicable law on intellectual property rights in your use of the Portal as a part of your user obligations under section 4 of these Terms and Conditions. This includes both intellectual property rights that may be vested in the Portal itself, as well as intellectual property rights vested in materials provided by PPHS, the FORMOBILE consortium or other Portal users. Save where explicitly defined otherwise (e.g. limited usage rights under a license), you acquire no rights by registering to and using the Portal.

In relation to the general use of the Portal, and in as far as necessary, PPHS grants you a non-exclusive, non-transferable and non-sublicensable right to use the Portal for the duration of your account’s existence, in accordance with section 4 of these Terms and Conditions.

Materials published on the Portal by PPHS or the FORMOBILE consortium (specifically as part of the “standards” or “documents” services) will, if applicable, specify the license terms. You must respect those terms, in addition to your general user obligations specified under section 4 (Obligation of Users) of these Terms and Conditions. The same is true in case of materials protected by an intellectual property right, shared by another Portal user under a certain license.

If you yourself wish to share anything on the Portal that is protected by intellectual property rights, you must verify that you are allowed to do so and provide appropriate information on this to other Portal users, including licensing information if applicable.

Each use by you of any material protected by Intellectual Property Rights or other rights of third parties happens on your full and sole responsibility and you will indemnify and hold PPHS harmless against any possible legal action of third parties with regard to violation of their rights.

Notice

You can give us notice or contact us at communication@formobile-project.eu.

We will give you notice and contact you at the e-mail address you provide during registration.

Transfer of rights

You are not allowed to transfer your rights and obligations under these terms to a third party.

If any provision of these terms should be invalid, this will not affect any other provision.

Data protection

The processing of your personal data by PPHS in the context of providing the Portal is covered by a separate privacy policy, which can be found here.

Applicable law, interpretation and severability

These Terms and Conditions are governed by Belgian Law.

Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of these Terms and Conditions are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of these Terms and Conditions shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein.

Dispute resolution

You agree to try and solve any dispute regarding the use of the Portal and these Terms and Conditions through negotiations. Should negotiations fail, then all disputes concerning the validity, interpretation, enforcement, performance and termination of these Terms and Conditions shall be submitted to the jurisdiction of the courts of Brussels.