- Applicability of the terms and conditions
- WDCD Challenge
- User Accounts and of the Site
- Your Contribution
- Nomination, Winners and Awards
- Limitation of Liability and Disclaimer
- Links to other Websites
- Governing Law and Jurisdiction
In these Terms and Conditions, the definitions will have the following meaning:
Award: the award won by Winner consisting out of an Award Prize to be spent by Winner towards further development of the winning Contribution exclusively, obligated participation in an Accelerator Programme and WDCD publicity.
Challenge: the WDCD Make It Circular Challenge (2022).
Contribution: the User’s project submission including any and all information and materials such as data files, written text, photographs, videos or other images uploaded to the Site.
Site: the website for the WDCD Make It Circular Challenge with the following url.
Use of the Site: entering the Site, logging into the Site, reading, uploading, downloading, publishing and sharing content and / or contributions and / or (personal) data on or to the Site and any other usage made of the Site.
User: any person Using the Site.
Terms and Conditions: the terms and conditions applicable to usage of the Site and participation to the Challenge as recorded below.
WDCD: Stichting What Design Can Do, residing at Tweede Kostverlorenkade 132H, (1053SE) Amsterdam, The Netherlands, Chamber of Commerce nr. 51467305.
Winner: a user who has been nominated, selected and announced by WDCD as a winner of the Challenge.
2. APPLICABILITY OF THE TERMS AND CONDITIONS
These Terms and Conditions are applicable to any Use of the Site, Contribution or participation to the Challenge and/or any relation, agreement or conflict arising from it.
By using this Site, you agree to enter a legally binding contract and / or legal commitment with WDCD” based on the following Terms and Conditions.
If you register as a User, access or Use this Site you acknowledge, accept and confirm that you have had the possibility to read, have read and understand the Terms and Conditions, the fact that the Terms and Conditions apply to your (legal) relation with WDCD and you agree to be bound by the Terms and Conditions as well as any additional specific rules or agreements that apply to the Challenge.
By registering as a user, accessing, or using this Site, you are also confirming that you have legal authority to accept the Terms and Conditions on behalf of yourself and any additional party that has access or uses your account or login. WDCD reserves the right to change any provisions of these Terms and Conditions, and any other terms, policy or guideline governing your use of the site, at any time in its sole discretion. Such changes will be effective upon posting such revisions on the site, and you waive any right to receive specific notice of such changes. You should frequently review these Terms and Conditions and any other applicable rules, policies or guidelines on the Site.
3. WDCD CHALLENGE
WDCD maintains this Site as a platform for collaboration and a repository for innovative thoughts and ideas shared with WDCD staff, partners, stakeholders and persons of concern to WDCD. On this Site, WDCD shall post research, design briefs and design opportunities of some of the most pressing challenges we face around the world.
WDCD offers design briefs, research and images of the Challenge that are open to read and download for personal, non- commercial use by anyone visiting the Site. The Site invites Users with innovative ideas to participate and collaborate in seeking solutions to the Challenge(s).
Any person that registers a profile on the Site will be listed as a User. WDCD will grant Users permission to log onto the Site and contribute to the Challenge, by uploading their “Contribution(s)”). Users can upload their Contributions and decide either to have their Contribution published on the Site or decide to keep the Contribution private, where only the Site’s moderators and selection committee members will have access to the Contribution. Once a project moves into the next phase of the Challenge: ‘Nominations’, WDCD will update the terms and conditions and automatically publish all nominated projects.
4. USER ACCOUNTS AND USE OF THE SITE
When you create an account with us, you must provide us with information that is true, accurate, complete, correct and up to date at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your account and disabling your login.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Service or a third-party social media service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
By using the Site you agree that you shall not:
- Post, use or transmit information or materials that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or submit any confidential or proprietary information or materials otherwise subject to restrictions in use;
- Post or transmit information or materials that are harmful, offensive, obscene, abusive, invasive of privacy, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or are otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Post, use or transmit information or materials that contain 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 otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or that disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Intimidate or harass another person or party;
- Use or attempt to use someone else’s account, service, or personal information;
- Delete any other user’s attributions, legal notices of proprietary designations or labels in any file that is uploaded;
- Falsify the origin or source or other material contained in the file that is uploaded;
- In any way disrespect the (intellectual) property rights, name and reputation of WDCD and its partners, infringe upon such rights or otherwise act unlawful of hurtful towards WDCD and its partners.
As part of the registration process, you will be asked to create a password and a login name. You agree and guarantee that your registration information correctly represents your qualifications, status, and your real name and contact details. You are not allowed to use a login name of another person. You are not allowed to disclose or share your password with any third parties or use your password for any unauthorized purposes.
This site may contain communication boards or other message or communication facilities (collectively “WDCD Challenge Platform(s)”). As a User, you agree to use the WDCD Challenge Platform only to submit ideas and messages that are true, proper and related to the particular subject-matter addressed in the context of a specific challenge.
5. YOUR CONTRIBUTION
- This Site allows you to submit, post, and share Contributions with WDCD and other Users on the platform. You must be a registered User to submit any Contributions to the Site.
- By registering an account, you grant WDCD permission to send general mailings, specific information to participate and reminders concerning the Challenge.
- By submitting a Contribution to the Challenge, you automatically:
-grant permission for your Contribution to be posted by WDCD on this Site as well as other WDCD related websites and social media pages and on other materials, unless you opted for private when uploading your Contribution;
-grant to WDCD, IKEA Foundation, Impact Hub Amsterdam and the Challenge Development Partners as listed on the partner page, an unlimited, perpetual, irrevocable, assignable, royalty-free license to repost and publish your contribution, in whole or in part, in any manner and in any media throughout the world, without compensation, notification, or permission to/from you or any third party;
-represent that you are the owner and or maker/author of the Contribution or, in instances where you have used someone’s concept, that you are entitled and authorized to submit the Contribution and that you have attributed the work or credited it in the manner specified by its author or licensor.
- You understand that WDCD, IKEA Foundation, Impact Hub Amsterdam and the Challenge Development Partners have no obligation, either express or implied, to develop or use your contribution and that, unless expressly agreed in writing, no compensation is due to you or anyone else for any inadvertent or intentional use of that Contribution, related Contributions or accepts no obligations regarding the use of any Contribution.
- You acknowledge that WDCD, IKEA Foundation and Impact Hub Amsterdam directly or indirectly, may be working on a contribution similar to your Contribution, or already knows of such contribution from other sources. You also understand and acknowledge that other users may be working on the same or a similar contribution and you will not object to that.
- You are responsible and liable for any aspect of your Contribution and agree to defend WDCD and at your sole expense, indemnify and hold WDCD, its Partners and any User concerned harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which it incurs as a result of your Contribution.
- You hereby irrevocably release forever discharge to WDCD, IKEA Foundation and Impact Hub Amsterdam from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter may have against WDCD, IKEA Foundation, Impact Hub Amsterdam and other Users or their respective successors and assigns with respect to your Contribution, including without limitation in respect to how WDCD or another user directly or indirectly uses your Contribution.
- If you are using the Site on a public computer or device, someone else’s computer or device or are otherwise using a computer or device to which multiple people potentially have access, you agree to follow good practice and ensure that you are sufficiently disconnected and logged off this site and the computer system you are using to prevent posting of unauthorized contributions and unauthorized usage of Contributions.
- WDCD retains the right to review, edit or delete from the site any contribution that WDCD at its sole discretion considers illegal, offensive or otherwise inappropriate or contrary to the terms set out in the user conduct below.
- Ideas and Contributions submitted on the Site, remain the intellectual property of the contributor as a participant of the Challenge.
- Users are entitled to all intellectual property and other proprietary rights regarding their Contributions and any other work or product that derives from the contribution including, but not limited to, patents, copyrights and trademarks, regarding products, processes, inventions, ideas, know-how, documents or other materials, with which you have developed as a result of participating in the Challenge.
6. NOMINATION, WINNERS AND AWARDS
- The Challenge selection committee, composed of creatives, experts & entrepreneurs from all over the world will select the Contributions and create a shortlist of top ideas and Nominees.
- An international jury of leading experts representing different expertises and nationalities will select the finalists of the Challenge. WDCD will announce the winning Contributions.
- Every Contribution will be considered and evaluated according to the judging criteria, applicable terms and guidelines according to the discretion of the Challenge committee, the jury and/or WDCD. It is not possible to complain, appeal, discuss or correspond about the outcome of the Challenge selection and appointment of Nominees of Winners.
- By accepting the Award, Winner agrees and acknowledges that it will sign and comply to the terms of the Challenge Winner Agreement and to fulfill its obligations arising from the Award.
- Contributions that have not been selected or nominated will not move to the next (Nomination) phase and will be labeled as ‘Archived’ on the Site. They will still be visible in our Contributions gallery unless User has indicated otherwise. Contributions which have been ‘Archived’ are no longer editable, but Users can always contact WDCD if you have any special requests.
- WDCD requests the Users basic personal information: full name, e-mail, city, country, gender, age and answers the following questions:
– do you consider yourself to be a creative?;
– what is your education level?;
– in which sector are you active?;
– how would you describe your profession?
This information is for WDCD internal use only to review your Contribution to the Challenge and get in contact with you regarding the Challenge and will not be shared with third parties.
- It is the User’s decision as to whether he or she wishes to
(1) add additional personal information to “My Profile”,
(2) upload a photograph of themselves, and
(3) opt to make these visible to other Users as part of “My Profile”.
- WDCD does not wish to receive through this site any confidential or proprietary information or materials otherwise subject to usage restrictions. If you decide to publish your contribution you understand and accept that all your Contributions, as well as your username and user photo, will be displayed and published publicly and will not be confidential. Furthermore, you acknowledge that all Challenge Forums and discussion groups are public and not for private platforms of communication.
- You understand that your Contributions, your username and user photo, will be displayed and published publicly and will not be confidential.
8. LIMITATION OF LIABILITY AND DISCLAIMER
Unless expressed otherwise, the statements covered in the Contributions on the Site are those of the various WDCD, IKEA Foundation, Impact Hub Amsterdam, staff members, consultants, advisers, stakeholders, persons of concern, and partners who contributed to the work, and do not necessarily represent the views of the, WDCD, IKEA Foundation, Impact Hub Amsterdam. You understand that all Contributions that are published on the Site and to which you may have access to as part of, or through your use of, the Site are the sole responsibility of the User from which such contributions originate. This includes assertions that Users may make, expressly or impliedly, about the content, provenance and ownership of Contributions that he/she submits, supplies, uploads and/or links to the Site.
You acknowledge and accept that Contributions, including postings, conferences, messages and other communications by users, are not endorsed by WDCD, and that such contributions shall not be considered to have been reviewed, screened or approved by WDCD, IKEA Foundation, Impact Hub Amsterdam. WDCD, IKEA Foundation, Impact Hub Amsterdam do not represent or endorse any statement or other information displayed through or on the Site by any User. You acknowledge and accept that any reliance upon any such statement shall be at your own risk.
Under no circumstance shall WDCD, IKEA Foundation, Impact Hub Amsterdam be liable for any loss, direct, indirect, incidental, special or consequential damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this Site, including, without limitation, any fault, error, omission, interruption, deletion, defect, failure of performance, computer virus or communication line failure, or delay with respect thereto.
9. LINKS TO OTHER WEBSITES
This Site may also contain links and references to third-party websites. The linked sites are not under the control of WDCD, IKEA Foundation, Impact Hub Amsterdam, and the above are not responsible for the content of any linked site or any link contained in a linked site. WDCD provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by WDCD.
WDCD, IKEA Foundation, Impact Hub Amsterdam assume no responsibility for the content, privacy policies, terms or practices of any third-party web sites or services. Under no circumstance shall WDCD, IKEA Foundation, Impact Hub Amsterdam be liable for any loss, direct, indirect, incidental, special or consequential damage, costs or expenses incurred or suffered as a consequence the use of links to other websites.
These Terms and Conditions and any additional terms will continue to apply until the agreement or relation had been terminated by either you or the WDCD team as set out below:
- WDCD may at any time:-
modify, suspend, or terminate the operation of or access to this Site, or any portion of the Site for any reason;
-modify or change the Site, or any portion of the Site or related services, and any terms, conditions, additional terms and other policies governing the use of the site or services, for any reason;
-interrupt the operation of the site, or any portion thereof, for any reason, all as WDCD deems appropriate in its sole discretion;
-delete or remove your Contribution upon its own discretion;
-adapt or change the Terms and Conditions.
- Your access to, and use of, the Site may be terminated by you or by WDCD at any time and for any reason.
- Your Contribution may be removed from the Site by WDCD if this is necessary for any reason whatsoever according to WDCD.
- The disclaimer of warranties, the limitation of liability provision shall survive any termination. The license granted mentioned herein shall continue in effect upon termination of this agreement.
11. GOVERNING LAW AND JURISDICTION
- The Use of the Site, the Challenge, these Terms and Conditions and all agreements and/or disputes arising from it or in connection with it shall be governed by and construed in accordance with the Laws of The Netherlands.
- Any dispute arising out of or in connection with Use of the Site or participation to the Challenge shall be submitted to the competent court in Amsterdam, the Netherlands.