1.1) Ursula Tischner (econcept), Alteburger Straße 32, 50678 Cologne, Germany owns and operates the website www.innonatives.com (INNONATIVES), which is partly funded by the EU-Life program. It enables the development of ideas for sustainable solutions to environmental, social and/or economic challenges. The ideas are transmitted to a large volume of internet users (the crowd). INNONATIVES provides an online platform where individuals as well as legal entities may contribute by proposing challenges and posting ideas and solutions.
1.2) Visiting INNONATIVES and using its services is subject to these general terms and conditions, which shall apply unconditionally unless amended by express written agreement. Any terms and conditions claimed by the user that are contradictory to these terms and conditions shall be rejected, even if they are known.
CONTRIBUTION: Every type of information (data, written text, images, videos, etc.) that a USER may transmit via INNONATIVES.
CHALLENGE: Any challenge(s) or problem(s) which a CHALLENGE OWNER proposes on INNONATIVES.
CHALLENGE OWNER: Any individual person or legal entity that transmits CHALLENGES on INNONATIVES (Companies, Non-Governmental Organizations, Governmental Organizations, Academia, Communities, Individuals, etc.).
CHALLENGE SPECIFIC AGREEMENT (CSA): Specific conditions which the CHALLENGE OWNER defines in OPEN or CLOSED CHALLENGES, e.g. regarding transfer and use of intellectual property, selection and decision process and/or compensation for best IDEAS/ CONCEPTS/ SOLUTIONS. Moreover, important information and organizational aspects are included. The USER shall accept the CSA prior to participation.
CLOSED CHALLENGE: A challenge which can only be read and solved by approved USERS and SOLVERS. A CSA shall be accepted by each USER.
CONCEPT: A concept which one or several SOLVERS may transmit on INNONATIVES for a specific CHALLENGE or independently of any CHALLENGE.
IDEA: An idea which one or several SOLVERS may transmit on INNONATIVES for a specific CHALLENGE or independently of any CHALLENGE.
OPEN CHALLENGE: Challenges that may be read by VISITORS und USERS, and where every USER may transmit his CONTRIBUTIONS. Before transmitting any CONTRIBUTION the USER shall accept the CSA.
SOLUTION: A solution that one or several SOLVERS may transmit on INNONATIVES for a specific CHALLENGE or independently of any CHALLENGE.
SOLVER: A USER that uses INNONATIVES and transmits IDEAS/ CONCEPTS/ SOLUTIONS for CHALLENGES or independently of any CHALLENGE.
USER: Registered VISITORS (individuals or legal entities) that visit the website INNONATIVES and may use the different services following registration.
VISITOR: Individuals or legal entities that may visit INNONATIVES and access the OPEN CHALLENGES without registration. Moreover, they may rank IDEAS/ CONCEPTS/ SOLUTIONS to OPEN CHALLENGES.
3) SERVICE OFFERINGS
3.1) INNONATIVES provides an online platform where SOLUTIONS to CHALLENGES are developed by USERS (the crowd). CONTRIBUTIONS are transmitted, published and further developed by interacting USERS and/or the CHALLENGE OWNER.
3.2) Moreover, INNONATIVES provides a module where IDEAS/ CONCEPTS/ SOLUTIONS can be posted and discussed independently of any specific CHALLENGE.
3.3) INNONATIVES presents two basic types of CHALLENGES:
3.3.1) OPEN CHALLENGES are CHALLENGES (problems) that may be seen by VISITORS. Every USER can participate and transmit his IDEAS/ CONCEPTS/ SOLUTIONS. Conditions and further information concerning each CHALLENGE will be included in the related CSA. The CSA must be accepted by the USER before submitting a CONTRIBUTION.
3.3.2) CLOSED CHALLENGES may be specified as such by the CHALLENGE OWNER where there is a specific interest (e.g. economic, secrecy, etc.) related to the IDEAS/ CONCEPTS/ SOLUTIONS. These CLOSED CHALLENGES cannot be seen by a VISITOR (or only general information may be available). USERS are able to read further details and will be able to transmit their CONTRIBUTIONS only after individual access is provided by INNONATIVES. Conditions and further information concerning each CHALLENGE will be included in the related CSA. The CSA must be accepted by the USER before submitting a CONTRIBUTION.
3.4) INNONATIVES does not guarantee that postings or content on the website will be current at all times. This includes a situation where two or more SOLVERs transmit the same IDEA/ CONCEPT/ SOLUTION. The decisive factor shall be the transmission time of the CONTRIBUTION.
3.5) INNONATIVES points out that INNONATIVES or a CHALLENGE OWNER, directly or indirectly, may work on the same IDEA/ CONCEPT/ SOLUTION (or a similar one), and may already know of such similar IDEA/ CONCEPT/ SOLUTION from other sources. The USER also accepts that other USERS may work on the same or similar IDEA/ CONCEPT/ SOLUTION. INNONATIVES defines, comments and manages CHALLENGES together with the CHALLENGE OWNER. The name of the CHALLENGE OWNER does not need to be mentioned.
3.6) INNONATIVES and the CHALLENGE OWNER have no obligation, either express or implied, to develop or use an IDEA/ CONCEPT/ SOLUTION. The CHALLENGE OWNER defines at its sole discretion the selection and decision process. The CHALLENGE OWNER will decide at its sole discretion whether the CHALLENGE OWNER, INNONATIVES and/or the crowd will judge which IDEA/ CONCEPT/ SOLUTION best solves the CHALLENGE. The CHALLENGE OWNER has absolute and sole discretion to determine whether to accept any IDEA/ CONCEPT/ SOLUTION or other CONTRIBUTION. Details of the selection process will be presented in the CSA.
4) REGISTRATION AND PARTICIPATION
4.1) To participate in CHALLENGES and use other services on INNONATIVES, VISITORS have to register. As part of the registration process, you will be asked to select a password and a login name.
4.2) A USER may participate in CHALLENGES on INNONATIVES by transmitting his CONTRIBUTION (e.g. IDEA, CONCEPT, SOLUTION, opinions, comments) related to the given CHALLENGE during the stated period on INNONATIVES and, if applicable, on linked platforms and websites. Posted CONTRIBUTIONS can be seen by other USERs.
4.3) Every USER is responsible for the confidential use of its data and passwords and shall secure passwords according to normal standards. Moreover the following conditions shall apply:
4.3.1) Every USER shall be liable for any activity which may occur under its account.
4.3.2) Every USER has the obligation to notify INNONATIVES (email@example.com) of any unauthorized use of its account or breach of security, including loss, theft or unauthorized disclosure of his password or login information.
4.3.3) INNONATIVES will encrypt the USER`s password, will never forward it to third parties nor ask a USER to disclose a password. INNONATIVES does not know the password and has no access to it.
4.3.4) A USER`s account may not be transferred to another USER. A USER is not allowed to register twice.
4.4) Participation in CHALLENGES on INNONATIVES is free of charge for USERs. A USER is not entitled to receive any gratification for posting its IDEA/ CONCEPT/ SOLUTION, unless stated in the CSA.
4.5) Registration is open to any person over 18 years old. VISITORS under the age of 18 may not register at INNONATIVES, and their parents or legal guardians must register on INNONATIVES and agree to the general terms and conditions.
4.6) Every USER is obliged to respect applicable law while using INNONATIVES, not to act contra bonos mores, and respect third party rights.
4.7) Every USER guarantees that its CONTRIBUTIONS on INNONATIVES do not breach applicable law and is solely responsible for the content of its CONTRIBUTIONS. In particular, every USER is obliged to only disclose its own CONTRIBUTIONS. Every USER guarantees that it will not abuse any third party rights related to its CONTRIBUTION, e.g. intellectual property rights, copyrights, etc. Every USER is solely responsible for its CONTRIBUTIONS; even when a CONTRIBUTION is reviewed or edited by INNONATIVES, it remains the responsibility of the USER.
4.8) Every USER is obliged to avoid any activities that may disrupt normal workflows on INNONATIVES and not to act in a manner that negatively affects other USERS.
4.9) INNONATIVES retains the right to review, edit or delete any CONTRIBUTION which INNONATIVES at its sole discretion, or if necessary in consultation with a CHALLENGE OWNER, considers illegal, offensive or otherwise inappropriate.
4.10) In the event of any breach of these rules and/or other applicable law, INNONATIVES will determine the course of action to be taken, including excluding the USER and deleting its account. This may also apply if INNONATIVES is informed by a third party of any abusive action or CONTRIBUTION by a USER.
4.11) Every USER is responsible for the content of its CONTRIBUTION and any related damages to INNONATIVES and the CHALLENGE OWNER, and agrees to defend (at INNONATIVES option and at the USER’s sole expense), indemnify and hold INNONATIVES and CHALLENGE OWNER(s) free from any damages, losses, costs or expenses, including attorneys' fees, which INNONATIVES and CHALLENGE OWNER(s) may incur as a result of the CONTRIBUTION of the USER.
4.12) If a USER cancels its registration, its CONTRIBUTIONS will remain with INNONATIVES, according to the defined rights of use, until they are withdrawn by INNONATIVES.
5) INCENTIVES AND SELECTION PROCESS
5.1) Participation on INNONATIVES is the sole responsibility of every USER and at its own expense. Posting a CONTRIBUTION and investing resources in order to participate on INNONATIVES and in the CHALLENGES does not give rise to any financial claim or gratification, unless otherwise stated in the CSA. Every CHALLENGE defines within the CSA whether there shall be any gratification or compensation.
5.2) At the end of each challenge phase, a specific selection process identifies the best IDEAS/ CONCEPTS/ SOLUTIONS. The time and scope of the decision process are defined in the CSA.
6) RIGHTS OF USE
6.1) Unless otherwise stated in the CSA, all intellectual property rights to the posted CONTRIBUTION remain with the SOLVER.
6.2) With regard to all other USERs or third parties that learn from the CONTRIBUTION, the transmitting USER grants a license under the terms of „Creative Commons Public License (CCPL): Attribution-NonCommercial-Sharelike 4.0 international“ http://creativecommons.org/licenses/by-nc-sa/4.0/legalcode)
6.3) This non-exclusive license does not apply to profit motivated USERS or profit motivated third parties. Profit motivated USERS or profit motivated third parties must renegotiate the IP agreement separately with the owner of the CONTRIBUTION.
7) EARLY PROJECT ABORTION
INNONATIVES and the CHALLENGE OWNER may at any time of a CHALLENGE abort the CHALLENGE without giving reasons. It is at the sole discretion of INNONATIVES and the CHALLENGE OWNER to define any further use of the transmitted CONTRIBUTIONS.
8.1) To the maximum extent permitted by applicable law, INNONATIVES, a CHALLENGE OWNER and the officers, directors, employees, shareholders or agents of INNONATIVES and of CHALLENGE OWNERs exclude themselves from all liability and responsibility for any amount or kind of loss or damage that may result to a USER or a third party (including without limitation any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise)) in connection with INNONATIVES in any way or in connection with the use, inability to use, or the results of the use of INNONATIVES.
8.2) Every USER indemnifies INNONATIVES and the CHALLENGE OWNER from and against any and all third party claims which are raised due to unlawful and immoral content posted by the USER. INNONATIVES excludes all liability for the CONTRIBUTIONS of the USERS.
8.3) In the case of damages which relate to health effects, human injury or loss of life and product liability, applicable law shall apply. The liability of INNONATIVES with regard to the use of its websites is further limited to malicious intent, gross negligence or negligent breach of contractually significant obligations according applicable law.
8.5) The content of the CONTRIBUTIONS and further information is not censored by INNONATIVES. This content only expresses the personal view of the transmitting USER. INNONATIVES is not liable for the transmitted content. However CONTRIBUTIONS which are considered in breach of §4 (f) – (g) will be deleted and not made public.
8.6) The USER acknowledges that 100% accessibility to INNONATIVES website is technically not feasible. INNONATIVES will attempt to ensure the maximum possible accessibility to INNONATIVES website. Especially service, security and capacity reasons, as well as events beyond the control of INNONATIVES (e.g. power failure, etc.) may lead to disturbances to the website. Therefore INNONATIVES excludes all warranties related to its online platform and website.
9) PRIVACY PLOICY
9.1) To register at INNONATIVES, the USER´s name, surname, place of residence and email address will be stored. Only first and last names may be made public in cases where a USER transmits the best IDEA/CONCEPT/SOLUTION and shall receive a gratification.
9.2) The names of the winning USERS may also be disclosed for communication or marketing activities by INNONATIVES or the CHALLENGE OWNER. The winner has the possibility to opt out of this after having been informed about the win. USERs may not raise a claim based on name disclosure according to §13 German UrhG.
9.3) Furthermore, in the event of a lawsuit, INNONATIVES will hand over necessary private information to third parties in charge of the lawsuit.
9.4) A USER may enter further personal information using the link „My Profile“ at its sole discretion.
9.5) A USER may cancel its registration at any time without giving reasons. Mail to: firstname.lastname@example.org.
9.6) The USER has the obligation to respect latest legal regulations and good practices regarding data privacy and data safety.
10) FINAL PROVISIONS
10.1) INNONATIVES may modify these terms and conditions at any time without giving reasons. The latest disclosed version shall be in force. For ongoing CHALLENGES the version in force at the beginning of the CHALLENGE shall apply.
10.2) In the case of a modification of the terms and conditions INNONATIVES will inform the USER (via E-Mail, or at the event of the next login). The USER will automatically be deemed to accept the modifications if he does not expressly disagree by fax or mail within six weeks following information of the modified terms and conditions. In case of objection, the modification will not be applicable and INNONATIVES will delete the USER`s registration.
10.3) If a provision of these general terms and conditions is invalid, the other provisions shall remain unaffected by this. The invalid provision shall be replaced by a provision that comes as legally close to the economic meaning and purpose of the invalid provision as possible. The same applies to any unforseen regulatory loopholes.
10.4) Both parties are desirous of remaining independent, and these general terms and conditions do not create simple partnership or any other partnership-like connections.
10.5) German law shall apply to this contractual relationship. The place of jurisdiction shall be the econcept, U. Tischner, headquarters exclusively.