General Terms and Conditions for Users
1. Legal Identity
IdeaVault.ch is a service provided by the “School of Management Fribourg”. In these Terms and Conditions references to IdeaVault.ch or IdeaVault.ch Platform mean School of Management Fribourg wherever the context requires a legal entity.
These General Terms and Conditions (GC) regulate the relationship between the users (referred to in the following as Users) and IdeaVault.ch with regard to the use of the platform IdeaVault.ch, accessible at www.ideavault.ch (referred to in the following as “IdeaVault.ch Platform”).
The contractual relationship between IdeaVault.ch and the user comes into effect upon the user account being opened by IdeaVault.ch.
4. Obligations of the Users
The following provisions apply for registration on the
- Registering as a user is reserved for natural and juristic persons.
- Users who upload a photo are obligated to choose a photo that are not of discriminating nature and that do constitute copyright violations of any kind.
After registering, users are subject to the following obligations in particular:
- Users must adhere to the applicable laws while using the IdeaVault.ch Platform or any other service provided by IdeaVault.ch.
- Users must ensure that the content they share on the IdeaVault.ch platform is not illegal, contrary to good morals and does not violate third-party rights.
5. User Account
The following regulations must be observed with regard to using the user account:
- Users must keep their passwords secret and carefully secure access to their user accounts.
- Users are obligated to immediately inform IdeaVault.ch if there is evidence that a user account has been- abused by third parties.
- IdeaVault.ch encrypts user passwords, does not forward them to third parties and never asks users for their password in an email or by telephone. IdeaVault.ch itself is not privy to user passwords and has no access to them.
- Users are liable for all activities that are conducted through their user account. However, this does not apply if the users are not responsible for the misuse of their user accounts in the event that there is no evidence of negligence on their part.
- User accounts are non-transferrable.
- IdeaVault.ch reserves the right to delete user accounts at its discretion at any time if the accounts were not registered and opened completely and correctly or if they contravene Clause 4 or any other condition of these GC in any way.
The user acceptsthat the primary means of communication with IdeaVault.ch is via the internet. It is the user’s responsibility to ensure that he/she has a reliable email service provider that allows messages from IdeaVault.ch and properly displays them to you in a timely fashion. IdeaVault.ch is entitled to rely on your receipt and acceptance of the content of an email if within 2 calendar days of the transmission no response from you has been received by IdeaVault.ch.
7. Availability of the IdeaVault.ch Platform
The user recognizes that the 100% availability of the IdeaVault.ch platform cannot be realized for technical reasons. However IdeaVault.ch makes the effort to keep the IdeaVault.ch website constantly available to as great an extent as possible. In particular, maintenance, security or capacity issues as well as events that do not lie in IdeaVault.ch’s sphere of influence (e.g. interruptions in public communication networks, power outages etc.) could lead to short-term interruptions or the temporary suspension of IdeaVault.ch services. All warranty of IdeaVault.ch in connection with the IdeaVault.ch Platform shall be excluded accordingly.
Users acknowledge that they are personally responsible for archiving the content stored on the IdeaVault.ch Platform and that content stored on the IdeaVault.ch Platform may be removed by IdeaVault.ch at its discretion without notice.
8. System integrity and malfunction on the IdeaVault.ch Platform
The user acknowledges that the following rules apply for all users of the IdeaVault.ch platform:
- Users may not use software or other scripts or carry out other actions capable of disrupting the IdeaVault.ch websites when used in conjunction with the IdeaVault.ch Platform.
- Users may not carry out any actions which may place an unreasonable or excessive load on IdeaVault.ch’s infrastructure.
- Users may not block, overwrite or modify any content generated by IdeaVault.ch or interfere destructively with the IdeaVault.ch Platform in any other way.
- Users may not publish any content on IdeaVault.ch which violates the rights of third parties.
9. Costs of the IdeaVault.ch Platform
There is no charge applied for using the IdeaVault.ch Platform.
10. Prizes for the IdeaVault.ch Platform User
Users shall participate on the IdeaVault.ch Platform at their own cost and risk. Unless otherwise agreed, Users shall not be entitled to receive a reward or compensation from IdeaVault.ch or from a customer of IdeaVault.ch for the work they have performed, for an order they have completed, or for a work they have produced. Users must claim their prizes from the party that advertised a reward.
Other provisions regarding prizes shall be included in the information available on the IdeaVault.ch Platform, which forms an integral component of these GC.
10.2. Distribution of prizes
The following regulations shall apply to the distribution of prizes:
- Participation on the IdeaVault.ch Platform shall not constitute a valid basis for the derivation of any rights, regardless of whether prizes have been apportioned or not. There is no right of appeal.
- The user is responsible for paying any taxes (e.g. VAT) that are or may be applied on the prizes earned on IdeaVault.ch.
- Users shall be personally responsible for all public charges which may result from earning a prize.
- Users shall register as a self-employed person with secondary income with their compensation office as required by law. This income must be declared as self-employed income in the tax return.
- The prize shall be forfeited if it is not claimed from IdeaVault.ch by the user within one year of its creation (forfeiture).
11. Sanctions and Blocking
11.1. Account Suspension
Where IdeaVault.ch reasonably believes that users’ security or the security of IdeaVault.ch is at risk, it reserves the right to suspend or close any user account without prior warning.
IdeaVault.ch can take the following measures if there is concrete evidence that a user is violating legal guidelines, the rights of third parties, the IdeaVault.ch GC or the IdeaVault.ch principles, or if IdeaVault.ch otherwise has a justified interest, particularly with regard to protecting users and the IdeaVault.ch community from fraudulent activities:
- Deletion of entries or other contents
- Warning users
- Restricting/limiting use of the IdeaVault.ch platform
- Temporary blocking
- Permanent blocking in the event that Clause 11.3 below applies
In selecting a measure, IdeaVault.ch takes the justified interests of the affected user and the IdeaVault.ch community into consideration. Legal recourse against a measure is excluded.
11.3. Exclusion from Usage
IdeaVault.ch can permanently exclude a user from using the IdeaVault.ch platform (permanent blocking), if he/she:
- distributes the ideas of third parties as his/her own.
- has entered false contact information, particularly a false or invalid e-mail address.
- transfers his/her user account.
- harms other IdeaVault.ch members or IdeaVault.ch itself, in particular through abusing IdeaVault.ch services.
- continually contravenes these GC or instructions from IdeaVault.ch.
- there is another good cause.
After a user has been permanently blocked, there is no claim to the restoration of the blocked user account or reimbursement of the paid fees. As soon as a user has been blocked, this user may not use the IdeaVault.ch platform anymore, even with other user accounts, or re-register.
12. Intellectual Property
IdeaVault.ch is entitled to all of the rights to the content and information shared by users on the IdeaVault.ch Platform. Users herewith cede all of their rights (referred to in the following as “IP rights”) to this content and information to IdeaVault.ch. This cession is not limited in any way in terms of time, space or content. The IP rights contain in particular the right to change content and information at will and/or to integrate it into an overall structure or combine and utilize it in any other way with other contributions.
Users receive the non-exclusive license for the use of the IP rights, insofar as IdeaVault.ch has not posted a diverging provision on the IdeaVault.ch Platform.
IdeaVault.ch may decide at their own discretion if, when and how the IP rights are used.
Users guarantee that no third-party rights will be violated by the use of the IP rights by IdeaVault.ch or a third party.
Users are obligated to use all the data and information contained on the IdeaVault.ch Platform for no other purposes than those indicated by the platform. If it is clearly indicated that data should be treated with discretion, then that data is to be kept confidential.
14. Data protection
Users may not use addresses, contact data and e-mail addresses, which they received through using the IdeaVault.ch platform, for any other purposes than those designated on the platform. The selling of this data or using them for advertising purposes is prohibited in particular.
Furthermore, in fulfilling the obligations of the contractual relationship, the parties shall commit to adhere to the guidelines of federal law prohibiting unfair competition and the federal law regarding data protection.
15. Non-Publishing or Deletion of Data
IdeaVault.ch reserves the right to delay the publishing of data or to delete same on request by the Client. Users also have the facility to delete their data themselves. If the data is however linked to the data of other users any deletion thereof must be applied for through IdeaVault.ch. IdeaVault.ch reserves the right to not delete data.
16. Liability and Compensation
Insofar as is legally possible, IdeaVault.ch shall not be held liable for any claims connected or unconnected with these GC. In particular, IdeaVault.ch assumes no liability for the non-availability of or interruption to the system and/or individual functions, for the publishing or deletion of data or for the actual identity of a user and shall not accept any claims for damages.
Users relief IdeaVault.ch from all claims made by third parties (including other users or customers of IdeaVault.ch) against IdeaVault.ch in the event that in connection with this contractual relationship, the services performed by the users were not carried out according to the contract, or the users contravened the conditions of these GC in another manner. Users are liable for all costs incurred by IdeaVault.ch due to a user’s contravention of the conditions of this contractual relationship, including costs arising from legal defense. Any further rights as well as liability claims by IdeaVault.ch shall remain unchanged.
IdeaVault.ch shall not be liable for any prizes that have not been awarded by the party that had advertised the reward.
IdeaVault.ch shall not be liable to you for any economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out from using the services of IdeaVault.ch in general and from implementing ideas suggested on IdeaVault.ch in particular.
17. Termination of the Contract
Users may terminate the contractual relationship at any time. Deactivating the user’s own account under “Settings” constitutes a termination of the contract. IdeaVault.ch can terminate the contractual relationship at any time with a notice period of 7 days to the end of a month. The right to block an account remains unaffected by this.
18. Amendment to the contractual relationship
Amendments to the provisions of the GC and to the services of IdeaVault.ch may be made by IdeaVault.ch at any time and at its free discretion. They will be announced to the user in good time before they come into effect.
If the user does not object to the validity of the new GC within six weeks from the time of notification, the amended GC are considered to be accepted by the user. IdeaVault.ch will inform the user in the notification of his right to object and the meaning of the deadline set for objection.
19. Force Majeure
IdeaVault.ch shall not be liable to you for any delay or failure by it to perform its obligations if such delay or failure arises from any unforeseeable causes beyond its reasonable control including, but not limited to, acts of God, floods, lightning, earthquakes, labor disputes, shortages, rationing, utility failures, war, terrorism, riot, embargoes, and actions of any government agency or subdivision thereof.
The law governing the provision of the IdeaVault.ch service to the Users is the law of Switzerland and any disputes arising in respect hereof shall be governed exclusively by the Swiss courts.The legal venue shall be the city of Fribourg/Switzerland exclusively.
21. Final provisions
If a provision of these GC 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 for any possible regulatory loopholes.
Both parties are desirous of remaining independent and these GC should not lead to a simple partnership or any other partnership – like connection between the companies.
© IdeaVault.ch, February 2014