Concradle is an online Platform where Users can contact each other and exchange knowledge about the subject 'Cradle to Cradle'. Concradle only has a facilitating role in respect of the Website and this service provision. The use of the Platform, the services and the information on the Website is at all times subject to the following Terms and Conditions of Use. It is therefore important that you read these thoroughly so that you know your rights and obligations. Furthermore, we recommend that you save or print the Terms and Conditions of Use so that you can read them again later.
These Terms and Conditions of Use were last amended on 15 February 2011.
Article 1. Definitions
1.1 Concradle: Stichting Cradle to Cradle Online Community, established in Venlo and registered with the Chamber of Commerce under registration number 14123609, trading under the name Concradle.
1.2 User: the natural person or legal entity that registers on the Website or who visits the Website.
1.3 Website: Concradle’s Website which can be accessed via www.concradle.org, including all associated sub-domains.
1.4 Platform: the Platform offered on the Website, where Users can create profiles, contact each other and exchange information and documents.
1.4 Terms and Conditions of Use: these Terms and Conditions of Use.
1.5 Agreement: the Agreement between the User and Concradle, of which the Terms and Conditions of Use form part.
Article 2. Applicability
2.1 These Terms and Conditions of Use are applicable to the Agreement between Concradle and the User.
2.2 Any terms and conditions put forward by the User that deviate from or which do not appear in these Terms and Conditions of Use, or exceptions to these Terms and Conditions of Use put forward by the User, are only binding if and insofar as they have been expressly accepted in writing by Concradle.
Article 3. Registration
3.1 To be able to use the Platform the User must register via the registration form on the Website. When registering, the User must also accept the applicability of these Terms and Conditions of Use.
3.2 Concradle always has the right to refuse the User registration and is not required to state the reasons for this.
3.3 During the registration procedure the User chooses a username and password which he/she can use to log in to the Website following registration. The User is personally responsible for choosing a password that is adequately reliable.
3.4 The User must keep his/her login details – username and password – strictly confidential. Concradle is not liable for misuse of the login details and may always assume that when a User logs in to the Website it is actually that User. All that occurs via the User’s account is under the responsibility of and at the risk of the User.
3.5 If the User knows or suspects that his/her login details have come into the possession of an unauthorised person then he/she must change his/her password as quickly as possible and/or notify Concradle of this so that Concradle can take appropriate measures.
Article 4. Use of the Website
4.1 Following registration the User has the possibility of publishing text and images on the Website or posting messages for or sending messages to other Users via forums and other means and to create and maintain a profile (hereinafter referred to as: “the Contributions”).
4.2 The User must refrain from improper use of the Website and of the Platform and shall conduct himself/herself in accordance with that which may be expected by Concradle from a User acting with due care and attention. In any event this means that the User shall not undertake any actions that are in conflict with legislation and regulations, public morality, public order and/or the rights of third parties.
4.3 Improper use of the Website includes in any event – though expressly not exclusively – the User:
- introducing malicious content (such as viruses or spyware) or including hyperlinks to external sites with malicious content in Contributions, and/or sending Contributions with such content;
- introducing injurious, libellous, threatening, offensive, pornographic, discriminating or hatred stirring content in Contributions and/or sending Contributions with such content;
- introducing pyramid schemes or chain letters in Contributions and/or sending such Contributions;
- introducing commercial, charitable or idealistic messages that have no relation to the subject of and contributions to the discussions on the Website in Contributions and/or sending such Contributions;
- creating the impression that the User is an assistant or representative of Concradle or affiliated with Concradle in any other way;
- introducing material that infringes the (intellectual) rights of third parties, including the introduction of text, images or hyperlinks accordingly in Contributions without the permission of the right-holder;
- introducing material that causes a disproportionate load on the Concradle systems.
4.4 Without prejudice to the right of Concradle to claim full damages, if the User acts fully or partly in conflict with that which is stipulated in paragraph 3 of this Article, then without the need for further warning or notice of default and without the need for legal intervention, the User shall forfeit an immediately claimable penalty of € 500.00 per incident.
4.5 The User indemnifies Concradle against all claims by third parties that are based on or relate to allegations that Contributions from the User on the Website are unlawful or are in conflict with legislation or regulations on any other basis.
4.6 If Concradle reasonably suspects or finds that Contributions from the User are in conflict with legislation or one of the prohibitions contained in this Article then Concradle has the right to immediately delete these Contributions or to block access to them. Concradle does not need to enter into dialogue with the User in this case. The Provider is not liable for any damages arising from such actions.
4.7 Concradle is not obliged to check, process or monitor Contributions. The Provider accepts no liability for damages arising from Contributions by Users.
4.8 If the User encounters errors or inadequacies in or on the Website then the User shall attempt to bring these to the attention of Concradle.
Article 5. Profiles
5.1 By registering, the User creates a profile on the Website. The User can personally decide what information is included in his/her profile.
5.2 The profile to be created by the User and the username he/she chooses are at all time public and are therefore visible to both other Users of the Website and to non-registered visitors to the Website. The User’s e-mail address is not displayed on the profile.
Article 6. Questions & Answers/Articles/Projects/Calendar
6.1 Part of the Website consists of various sections ('questions & answers', 'articles', 'projects' and 'calendar') where Users can post articles, upload documents, hold discussions and exchange tips and information. It is only possible to post Contributions within these sections after registration.
6.2 Contributions that Users post within the sections referred to in paragraph 1 are at all time public. They are visible to both other Users of the Website and to non-registered visitors to the Website.
6.3 The sections referred to in paragraph 1 are sub-divided into various categories. The User must ensure that the Contributions to discussions are posted to the correct section and category. Concradle has the right to move the Contributions from the User.
6.4 The User can request Concradle to delete his/her Contribution(s) within the sections referred to in paragraph 1. If deletion of the Contribution results in the discussion becoming incomprehensible then Concradle is permitted to leave in the Contribution. In that case Concradle shall delete the username of the User from that Contribution.
Article 7. Private messages
7.1 The Website offers the User the possibility of sending Contributions to other Users in the form of private messages. The User can find these private messages in his/her account on the Website.
7.2. Via the personal contact form on the Website, Users can also send messages to the e-mail address of another User. In the event that the User uses the personal contact form on the Website, he/she can decide whether or not to include his/her e-mail address.
7.3 Concradle shall not read or disclose to third parties any private messages or messages sent from or to the User in the personal contact form, unless this is necessary for the correct technical operation of the Website or if there is a serious suspicion of criminal acts or of preparations for such or if Concradle is legally instructed to do so.
7.4 If the Agreement between Concradle and the User is terminated then Concradle shall delete all private messages from or to the User.
Article 8. Complaints
8.1 Any person is able to notify Concradle of Contributions that are unlawful towards that person.
8.2 Concradle operates a complaints procedure that allows third parties to submit a complaint about such Contributions. Complaints can be notified via the contact details on the Website or via the 'report abuse' button.
8.3 If, in the opinion of Concradle, a complaint is justified then Concradle has the right to delete the Contribution(s) and/or to block access to it/them. In that case, Concradle also has the right to provide the personal details of the User to the person raising the compliant or to the competent authorities. Concradle shall notify the User about the progress of this procedure.
8.4 In the event of repeated complaints or repeated infringement of these Terms and Conditions of Use then Concradle has the right to refuse access to the Website by the User.
8.5 The User indemnifies Concradle against all damage arising from unlawful Contributions he/she posts on the Website. Concradle is not liable for any form of damage whatsoever that the User suffers as a result of the intervention by Concradle within the framework of the complaints procedure, not even if the compliant turns out to be unjustified and the Contribution(s) is/are not in conflict with these Terms and Conditions of Use and/or Dutch law.
Article 9. Intellectual rights/Licence
9.1 By publishing Contributions on the Website the User declares that he/she personally has full and unrestricted copyright in respect of the Contributions and that the User is authorised to grant to Concradle the licence referred to below, without additional obligations or restrictions for Concradle.
9.2 For Contributions that the User does not personally hold the copyright, the User may only publish these on the Website if the User has permission to do so from the right-holder(s) or if the publication of the Contribution falls under a statutory exception provision. The User declares this to be the case by publishing such Contributions.
9.3 The User grants Concradle a free, perpetual, non-exclusive licence to publish Contributions on the Website and to save these for archiving purposes. This also includes the right of the Provider to change and/or abridge Contributions. This licence shall remain in place after termination of the Agreement.
Article 10. Privacy
10.1 Concradle processes the personal details of Users in accordance with the Privacy Statement published in the Website.
Article 11. Liability
11.1 Neither Concradle nor its assistants are liable for any indirect damage suffered by the User or others, including consequential damages, loss of sale and profit, loss of data and immaterial damage.
11.2 Concradle’s liability for direct damage is limited to € 100.00 per incident (whereby an associated series of incidents counts as a single incident).
11.3 The User indemnifies Concradle against all claims by third parties of whatever nature in relation to payment for damages, charges or interest relating to the Agreement.
11.4 The former paragraphs are not applicable if and insofar as the relevant damage is caused by an intentional act or gross negligence on the part of Concradle.
11.5 A condition for the creation of any right to damages is always that the damage is notified to Concradle in writing by the User as soon as possible after the damage has occurred.
Article 12. Maintenance and interruptions
12.1 Concradle has the right to temporarily put the Website or part thereof out of service for the purpose of maintenance, modification of improvement of the Website, the associated software or other facilities. Concradle shall aim to arrange such downtime as much as possible outside of office hours (in the Netherlands) and to notify the User as much as possible about the planned downtime. However, Concradle can never be held liable for any damage caused by or associated with such downtime.
12.2 Concradle has the right to modify the Website and the associated software from time to time in order to improve the functionality and to correct faults. If a modification results in a major change to the functionality of the Website then Concradle shall endeavour to notify the User of this. However, Concradle can never be held liable to pay compensation for any damage caused by modifying the Website.
12.3 In the event of force majeure, including in any event interruptions to the telecommunications infrastructure, civil commotion, mobilisation, war, gridlock, strikes, exclusion, business interruptions, delay in supplies, fire, flood, import and export barriers and in the event that Concradle is unable to deliver because of its own suppliers, irrespective of the reasons for this, as a result of which observance of this Agreement cannot be reasonably demanded of the Provider, then the performance of Agreement shall be suspended or terminated without any obligation on the part of Concradle to pay damages.
Article 13. Duration/suspension/termination
13.1 The Agreement is entered into for an indefinite period of time. The User can terminate the Agreement at any moment by deleting his/her account on the Website.
13.2 After a User has deleted his/her account then the restricted area of the Website shall no longer be accessible by the User and all of his/her posted Contributions, insofar as they contain personal details, shall be deleted or made anonymous. His/her profile shall also be deleted. Private message hall be deleted.
13.3 Concradle has the right to suspend its obligations towards the User or to terminate the Agreement if it suspects that the User is acting in conflict with the Agreement and/or the Terms and Conditions for Use of the Website arising under the Agreement, irrespective of the nature of such conflict, without Concradle being held liable for any damages.
13.4 Concradle has the right to discontinue the Website at any time. Concradle can not be held liable to pay any damages arising as a result of discontinuing the Website.
Article 14. Changes to the Terms and Conditions of Use
14.1 Concradle has the right to change these Terms and Conditions of Use or to supplement them with new terms and conditions. These changes or supplements shall come into effect 30 days following notification of these to the User. Changes of lesser importance shall always come into effect immediately.
14.2 Notification of a change to the Terms and Conditions of Use, as referred to in paragraph 1 of this Article shall be undertaken by means of a notice on the Website and by notification of the change by e-mail to the e-mail address entered by the User during registration.
14.3 If the User does not wish to accept an amended or supplementary condition then the User must terminate the Agreement within 30 days in accordance with Article 10, paragraph 1.
14.4 Concradle has the right to transfer this Agreement and all of its obligations arising under the Agreement to a third party that acquires Concradle and/or its Website.
Article 15. Concluding provisions
15.1 The Agreement is subject to Dutch law.
15.2 Insofar as the mandatory rules of law do not prescribe otherwise, all disputes that may arise as a result of this Agreement shall be presented before the competent Dutch court in the domicile of Concradle.
15.3 If a provision in these Terms and Conditions of Use turns out to be null and void then this shall not affect the validity of the entire Agreement. In that case the Parties shall establish, to replace the null and void provision(s), a new provision or provisions that is/are correct in law which reflect(s) as much as possible the intention of the original Agreement and the Terms and Conditions of Use.
15.4 Additional rules and restrictions can be stipulated for specific sections of the Website. These shall be clearly stated in the relevant sections. The User must observe these rules or restrictions. In the event of a conflict between these Terms and Conditions of Use and the additional rules and restrictions then the latter shall prevail.
15.4 The term “written” in these Terms and Conditions of Use also means e-mail, provided that the identity and the integrity of the de e-mail are sufficiently certain.
15.5 If the User makes written contact with Concradle then the received or stored version of that message shall be considered by Concradle to be the authentic version unless the User can demonstrate that this version is not authentic.
15.6 The User shall notify Concradle as quickly as possible about changes to contact details that are or can be relevant to Concradle.
If you have any questions about these Terms and Conditions of Use then please contact Concradle using the contact details given below:
Stichting Cradle to Cradle Online Community
5911 EN Venlo
E-mail address: contact at concradle dot org
Chamber of Commerce registration number: 14123609