Terms and Conditions
These terms and conditions (hereinafter, the “Agreement”) govern the access to, use of, and being part of, the OpenAxel Community accessible through the Internet web site www.openaxel.com (hereinafter, the “Portal”) and services related thereto provided by, and/or coordinated through, Econet s.l. (hereinafter, “FundingBox”). Individuals and legal entities registering with the Portal (hereinafter, “Users”) hereby accept, without any reservations, each and every one of the terms and conditions of this OPENAXEL USER AGREEMENT, as published by FundingBox from time to time (including without, those accessible at the last moment the User logs-in to the Portal). The use of the Portal may also be subject to any and all additional warnings, regulations or instructions brought to the User’s knowledge by FundingBox, which shall complete the provisions set forth herein.
FundingBox provides access to the Portal, acting as an online platform where Information, Communications and Technology (“ICT”) entrepreneurs, accelerators, investors, mentors, top levels companies, public bodies, European Commission initiatives, academic institutions and other interested parties, can interconnect and seek out startup competitions belonging to the project “OPENAXEL” founded and promoted by the European Commission together with the following founding entities: Wayra Investigación y Desarrollo, S.L.U.; ECONET CONSULTANTS; Entrepreneur Capital S.L; DIGITALEUROPE AISBL; Accelerace Management A/S; AALTO-KORKEAKOULUSAATIO; Informatikai, Távközlési és Elektronikai Vállalkozások Szövetsége and FundingBox Accelerator sp.z.o.o.
The Portal may offer information, tools, functionalities, services, expertise, connections, documents, and any other relevant elements to the Users (hereinafter, the “Services”).
FundingBox reserves the right to unilaterally modify, at any time and without prior warning, the presentation and configuration of the Portal, as well as this Agreement.
Any updates to the Portal and this Agreement shall become effective as soon as they have been posted on the Portal. The User must review this Agreement, as posted on the Portal, on a regular basis to keep itself informed of any modifications. User can find the most recent version of this Agreement at the bottom of the Portal.
3. CONDITIONS TO ACCESS AND TO USE THE PORTAL
3.1. Registration, free nature of the access and use of the Portal.
FundingBox offers access to the Portal free of any charge, but requires registration by Users prior to its use thereof. FundingBox also offers Users the option to register and sign-in with the Portal using their own LinkedIn account.
3.2. Obligation to use the Portal and the Services correctly
The User undertakes to use the Portal and the Services in accordance with the law, this Agreement and with generally accepted ethics, proper conduct and public order. The User agrees not to use the Portal or the Services for purposes that are illegal, prohibited by these Conditions, that infringe the rights and interests of third parties or that in any way may damage, render useless, overload or deteriorate the Portal and the Services, or prevent the normal use or enjoyment of said Portal and Services by other Users.
3.3. Content posted on the Portal
3.3.1 Origin of the Content
Users will have access to information, messages, graphics, drawings, images, sound files, and, in general, any type of material posted on the Portal by any other User (hereinafter, the “Content”).
3.3.2. Correct use of the Content
The User undertakes to use the Content diligently, correctly and in a legal manner and, in particular, undertakes to abstain from (a) using the Content for purposes that are in violation of the law, of generally accepted ethics and proper conduct and public order; (b) reproducing or copying, distributing, permitting access to the public by any means of public communication, transforming or modifying the Content, unless granted the authorization to do so by the relevant rightholder or otherwise in compliance with applicable laws; and (c) deleting, avoiding or manipulating the “copyright” and other identifying data as to the rights held by FundingBox or other titleholders incorporated into the Content, as well as any technical protection, digital fingerprints or any other elements legally incorporated into the Content.
3.3.3. Prohibited Content
The User agrees not to post, email, or otherwise make available on or through the Portal any Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, or libelous; b) that impersonates any person or entity, or falsely states or otherwise misrepresents the User’s affiliation with a person or entity; c) that includes personal or identifying information about another person without that person’s explicit consent; d) that is false, deceptive, misleading, or deceitful; e) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that the user does not have a right to make available under law or contract; f) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or g) that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service.
FundingBox has, at its sole discretion, the right (but not the obligation) to delete or deactivate the User’s account, block the User’s email or IP address, or otherwise terminate the User’s access to or use of the Service, immediately and without notice, and remove and discard any content within the Portal, if FundingBox believes that the User has breached the Conditions or committed a criminal offense.
3.3.4. Rights on Content posted on the Portal
The User retains copyright and any other intellectual property rights that the User may hold on Content which he/she posts on the Portal. By posting Content the User grants to FundingBox a perpetual, worldwide, royalty-free, and non-exclusive license to use, copy, modify, publish, publicly display, and distribute any Content, which the User posts on or through the Portal (hereinafter the “License”). The User agrees that this License includes a right for FundingBox to make such Content available to other companies, organizations or individuals on or through the Portal or their respective relevant portals. By posting any Content on the Portal, the User represents and warrants that he/ she has the rights, powers and authority necessary to do so, and to grant the above License.
3.4. Liability for damages
The User will be liable for the damages and losses of any kind that FundingBox or any other related third parties suffers, directly or indirectly, as a result of any breach of this Agreement by User or applicable laws in respect of its use of the Portal.
4. PERSONAL DATA
6. USE OF THE PORTAL, OF THE SERVICE AND THE CONTENT ARE THE EXCLUSIVE RESPONSIBILITY OF THE USER
The User acknowledges and voluntarily accepts that the use of the Portal, the Services and the Content shall be, in any event, its sole and exclusive responsibility. The Portal and the Service may link the User or provide the User with access to other Users of the Service and their Content. The User’s interactions with organizations and/or individuals found on or through the Portal (i.e. other Users) are solely between the User and such organizations and/or individuals. The User understands that all information which may be accessible as part of, or through the User’s use of, the Service are the sole responsibility of the person from which such Content is originated. The User should make appropriate investigation before proceeding with any online or offline engagement and transaction with other Users of the Service. FundingBox does not pre-screen or approve, and is not responsible for Content made available through the Portal by the Users of the Service. The User agrees that FundingBox shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between the Users of the Service, FundingBox is under no obligation to become involved. In the event that the User has a dispute with one or more other Users, the User hereby releases FundingBox, its officers, employees, agents and successors in rights, from claims, demands and damages (direct or indirect, actual and consequential) of every kind or nature, arising out of or in any way related to such disputes and / or the use of Service.
7. EXCLUSION OF GUARANTEES AND LIABILITY
UNDER NO CIRCUMSTANCES SHALL FUNDINGBOX BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF THE USER’S USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INFORMATION OR ADVICE, OR OTHER SERVICES OR PRODUCTS, RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8. TERM AND TERMINATION
Initially, the provision of the Portal and other Services shall have an indefinite term. However, FundingBox is entitled to terminate or suspend the provision of the Portal and/or any of the other Services at any time. When reasonably possible, FundingBox will issue prior notice as to the termination or suspension of the provision of the Portal and/or any Service.
9. APPLICABLE LAW AND JURISDICTION
This Agreement and the relationship between the User and FundingBox shall be governed by the laws of Spain without regard to this conflict of laws provisions. Each party hereby consents that any disputes concerning the Portal, the Service and the present Conditions shall be submitted to the exclusive jurisdiction of the District Court in Madrid, Spain.