Terms of Use
GENERAL TERMS
User's Acknowledgement and Acceptance of Terms
Modification of Website
Access to Website
Use of Website
Use of Documents
Copyright
Linking to this Website
Links to Third-Party Websites
Disclaimer of Warranties
Limitations of Liabilities
Indemnification
SPECIAL TERMS
For Seekers
For Solvers
For Connectors
Modifications of these Terms
How to Contact Us
GENERAL TERMS
User's Acknowledgement and Acceptance of Terms
ennovent (referred to as ennovent, “us” or “we”) provides this website and various related services (together referred to as this “website” or "service") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this website, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such terms or rules are hereby incorporated by reference into these Terms of Use.
By using this website, you agree to be bound by these Terms of Use. Your agreement with us regarding compliance with these Terms of Use becomes effective immediately upon commencement of your use of this website.
If you are representing a company, a partnership, or a collaboration of individuals, then "you" or "your" refers to you individually, as well as all others gaining access to the Services through you, and also refers to your company, partnership or collaboration as a whole. As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this website and/or its contents.
Modification of Website
ennovent reserves the right to modify, suspend, and discontinue the website and services from time to time without notice to you. As we make modifications, this Agreement will apply to all of these changes as well. For example, we may make changes to the services described, at any time without notice. The services may be out of date and we make no commitment to update the services whatsoever. Information published on a website may refer to products, programs, or services that are not available in your country. Consult an ennovent business contact for information regarding the services that may be available to you.
Access to Website
We make various services available on this website. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and your own Internet access (including payment of telephone service fees associated with such access). We reserve the sole right to either modify or discontinue the website, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features that augment or enhance the then-current services on this website shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through this website may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Use of Website
This website, its content or any portion of this website or its content may not be reproduced, retransmitted, duplicated, copied, distributed, disseminated, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by ennovent. ennovent reserve the right to refuse service in its sole discretion, including, without limitation, if ennovent believes that a user's conduct violates applicable law or is harmful to the interests of ennovent, its affiliates, partners or users. No person may post on, transmit through or otherwise make available on the website (i) any material that violates or infringes the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, (ii) any copyrighted material, without the express written consent of the owner thereof, (iii) any advertising or other solicitation with respect to products or services without the express prior written consent of ennovent, or (iv) any information or software that contains a virus, worm, or other harmful or disruptive component. ennovent is under no obligation to permit any material that you post or transmit to remain on the website, and, ennovent, in its sole discretion, may refuse to display or may remove any material posted on or transmitted to or through its website.
The information and opinions contained on this website constitute neither a solicitation, nor a recommendation, nor an offer to buy or sell investment instruments, or to engage in any other kind of transaction. None of the products or services described on this website are available, nor will any of the prospectuses about these products or services be distributed, to persons in jurisdictions where the provision of these products or services would run counter to local laws and regulation.
Use of Documents
Unless otherwise noted, text, images and layout contained in this website are the exclusive property of ennovent GmbH and/or its related, affiliated and subsidiary companies and may not be copied or distributed, in whole or in part, without the express written consent of ennovent GmbH or its related, affiliated and subsidiary companies.
Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: (a) your use of the information is for informational, personal, and non-commercial purposes only, (b) you will not modify the documents, publications or graphics, (c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, (d) you will display the below copyright notice and other proprietary notices on every copy you make, and (e) you agree that ennovent may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from ennovent. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Copyright
This website and its content are protected by Austrian copyright laws, and belong to ennovent or its partners, affiliates, contributors or third parties. The copyrights in the content are owned by ennovent or other copyright owners who have authorized their use on the website. You may download and reprint content for non-commercial, non-public, personal use only. If you are browsing this website as an employee or member of any business or organization, you may download and reprint content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ennovent.
Linking to this Website
Unless specifically authorized by ennovent, you may not connect “deep links” to portions of the Website; or frame, inline link, or similarly display any ennovent property, including, without limitation, the Website. You may not use any ennovent logo or its other trademarks as part of a link without the expressed prior written permission of ennovent. In any event, links from websites containing immoral, violent, pornographic or pedophilic material, websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.
Links to Third-Party Websites
ennovent GmbH cannot guarantee that the hyperlinks set out on the websites will be accurate at the time of your access. Moreover, the websites pointed at by hyperlinks are developed and possibly maintained by persons over whom ennovent GmbH or its related, affiliated and subsidiary companies have no control. We cannot and do not monitor the sites linked to our pages on the Internet. Accordingly, ennovent GmbH and/or its related, affiliated and subsidiary companies assume no responsibility for the content of any sites referenced to by any hyperlink or otherwise. ennovent GmbH and/or its related, affiliated and subsidiary companies believe that their making hyperlinks available to publicly accessible Web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to review the terms of use, privacy policy and any other relevant legal notices of the relevant linked website.
Disclaimer of Warranties
This website is provided "as is" and "with all faults" and the entire risk as to the quality and performance of the ennovent website is with you. Should the materials or services prove defective, you, and not ennovent, assume the entire cost of all necessary servicing and repair. ennovent expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the ennovent website (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, ennovent makes no warranty that the ennovent websites will meet your requirements or that the ennovent websites will be uninterrupted, timely, secure, or error free or that defects in the ennovent websites will be corrected. ennovent makes no warranty as to the results that may be obtained from the use of the ennovent websites or as to the accuracy or reliability of any information obtained through the ennovent websites. No advice or information, whether oral or written, obtained by you through the ennovent websites or from ennovent, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "the ennovent parties") shall create any warranty. ennovent disclaims all equitable indemnities.
Limitations of Liabilities
In no event will ennovent be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if ennovent has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.
Indemnification
You agree to indemnify, defend, and hold harmless ennovent from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. ennovent reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ennovent’s defense of such claim.
SPECIAL TERMS FOR CHALLENGES
These Special Terms for Challenges on the ennovent Network (“Special Terms”) are designed to complement the Terms of Use and are valid in addition to the Terms of Use for persons or organizations participating or involving themselves in any manner in Challenges promoted by ennovent, or using the ennovent Network Challenge website.
By participating in a Challenge or using the Challenge website, you agree to be bound by these Special Terms as well as the Terms of Use. Your agreement with us regarding compliance with these Special Terms becomes effective immediately upon commencement of your participation in any manner in a Challenge or your use of the ennovent Challenge website.
In these Special Terms, "Seeker" refers to a person or an organization that broadcasts a Challenge on the ennovent website; "Connector" refers to a person who spots a Solver and submits his/ her details through the ennovent website; and "Solver" refers to a person who submits a Solution to a Challenge on the ennovent website.
For Seekers
ennovent retains the right to screen all proposed or submitted Challenges, and decide whether or not to broadcast them on the Site. ennovent is under no obligation to broadcast proposed or submitted Challenges. The Evaluation Criteria for the Solution have to be defined prior to broadcasting the Challenge, and publicized in connection with the Challenge. The Seeker in collaboration with ennovent defines the criteria.
The Seeker is under no obligation to pay any rewards to Solvers or Connectors if none of the submitted Solutions match the Evaluation Criteria. ennovent retains the right to review the quality and number of submitted Solutions. Organizations that repeatedly post Challenges to the Service without paying out rewards can and will be excluded from our Service.
For Solvers
By submitting your Solution, you explicitly agree that you are the sole originator/ owner of your Solution and the Intellectual Property-rights contained therein, and that you have all necessary rights to disclose it to the Seeker; or that you are a representative of the organization that is the owner of the Solution, and that you in this role have the rights to disclose it to the Seeker. You completely and accurately represent and warrant that, unless otherwise disclosed in the Solution; (a) you are not obligated under any contract, employment agreement, employment relationship or any other relationship or commitment to assign any of your rights of and contained in the Solution to an employer, university or academic institution, governmental entity or body, or other third party; and (b) the Solution does to your best knowledge not infringe or violate any patent, copyright, trade secret, trademark, or other third- party intellectual property right; and you are not aware of any threatened claim or challenge to your rights in the Solution. Solvers have the right to post their Solution with other organizations; the Solution does not have to be exclusive for the Seeker.
There are no set time limits defined for reviewing and rewarding posted Solution to a Challenge. It is up to the Seeker to decide when to review or reward. The decision on the winning Solution and whether or not to reward any Solution is taken by the Seeker in collaboration with a judging panel comprised of sector experts, ennovent advisors and challenge partners. There is no negotiation on any possible rewards for Solutions, nor is there any obligation to reward any Solution for the Seeker. However, rewards for a Challenge have to be defined upfront and cannot be changed later (after publication of the Challenge). Patented Solutions are subject to negotiation between the Solver and the Seeker.
In the event of a reward payment, contact information (name, email address and telephone number) of the Solver is given to the Seeker. The Solver will receive a notification e-mail from ennovent (the "Reward Notification") confirming the reward and the amount. If the Seeker cannot reach you, after repeated attempts, they do no longer have the obligation to grant the Reward to you, as there is no obligation to grant a Reward. It is your sole responsibility as a Solver to make sure your complete and accurate contact details as held in the ennovent.com database are up to date, and that you check your e-mail frequently. You grant that any information provided by you regarding yourself and, if applicable, your business is true, accurate, current, and complete information and you will maintain and update the information to keep it true, accurate, current and complete.
The Solver agrees to accept the rewards, as defined by the Seeker, in full settlement of any claims that the Solver may make against the Seeker, except for claims of patent infringement in the case of patented Innovation Proposals. The reward, when awarded, is intended to recognize the Solver's helpfulness to the receiving organization and settles all claims other than those which might arise under valid patents.
If monetary, rewards will be paid to you in the currency selected by the Seeker. It is also possible that rewards are paid in products of the Seeker, or in any other way appropriate as defined by the Seeker. However, rewards of Challenges are defined upfront and cannot be changed after (the date of) publication of the Challenge on the Service. The Seeker is not responsible for payment of any Reward, or any part of any Reward, to any party other than to the Solver by whom the Solution was submitted, and – if applicable – the Connector connecting the Seeker to the Solver. You understand that the Reward represents a complete payment, net of any local taxes that the Seeker may be required to withhold. If local law does not require withholding of taxes, all taxes on Rewards shall be your sole responsibility.
ennovent will make all reasonable efforts to submit your Solution to the Seeker. However, to the extent such Seeker is not yet connected to the Service (i.e. no agreement yet exists between ennovent and the Seeker) nothing herein shall be construed as requiring ennovent any obligation to guarantee, warrant or otherwise construe that such Solutions has effectively been transferred to such receiving organization, or to interpret, edit, filter, or review your Solution.
For Connectors
A Reward can be paid to the Connector if the Connector submits to the Challenge the contact details of a Solver whose Solution subsequently gets accepted and rewarded. There is no negotiation on any possible Rewards for Connector, nor is there any obligation for the Seeker to reward any Connector. If two or more Connectors submit the details of the same, winning Solver/ Solution, the reward will go to the Connector that submitted the details first, and convinced the Solver to submit a Solution. One Connector can submit the details of several Solvers. There are no set time limits defined for reviewing and rewarding posted Solutions to a Challenge. It is up to the Seeker to decide when to review or reward.
In the event of a reward payment, contact information (name, email address and telephone number) of the Connector is given to the Seeker. The Connector will receive a notification e-mail from ennovent (the "Reward Notification") confirming the reward and the amount. If the Seeker cannot reach you, after repeated attempts, they do no longer have the obligation to grant the Reward to you, as there is no obligation to grant a Reward. It is your sole responsibility as a Connector to make sure your complete and accurate contact details as held in the ennovent.com database are up to date, and that you check your e-mail frequently. You grant that any information provided by you regarding yourself and, if applicable, your business is true, accurate, current, and complete information and you will maintain and update the information to keep it true, accurate, current and complete.
The Connector agrees to accept the rewards, as defined by the Seeker, in full settlement of any claims that the Connector may make against the Seeker, except for claims of patent infringement in the case of patented Innovation Proposals. The reward, when awarded, is intended to recognize the Connector’s helpfulness to the receiving organization and settles all claims other than those which might arise under valid patents.
If monetary, rewards will be paid to you in the currency selected by the Seeker. It is also possible that rewards are paid in products of the Seeker, or in any other way appropriate as defined by the Seeker. However, rewards of Challenges are defined upfront and can not be changed after (the date of) publication of the Challenge on the Service. The Seeker is not responsible for payment of any Reward, or any part of any Reward, to any party other than to the Solver by whom the Solution was submitted, and – if applicable- the Connector who submitted the contact details of the Solver . You understand that the Reward represents a complete payment, net of any local taxes that the Seeker may be required to withhold. If local law does not require withholding of taxes, all taxes on Rewards shall be your sole responsibility.
ennovent will make all reasonable efforts to submit your Solution to the Seeker. However, to the extent such Seeker is not yet connected to the Service (i.e. no agreement yet exists between ennovent and the Seeker) nothing herein shall be construed as requiring ennovent any obligation to guarantee, warrant or otherwise construe that such Solutions has effectively been transferred to such receiving organization, or to interpret, edit, filter, or review your Solution.
Modifications to these Terms
ennovent may, in its sole and absolute discretion, change these Terms from time to time. ennovent will post notice of such changes on the applicable website. If you object to any such changes, your sole recourse shall be to cease using the ennovent Websites. Continued use of the ennovent Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the ennovent Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
You acknowledge and agree that it is your responsibility to review this website and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
How to Contact Us
Should you have any questions or concerns about these Terms of Use, please send us an email at office(at)ennovent.com
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