Of the platform ESDW – European Sustainable Development Week (www.esdw.eu)
Any and all offers, services, or deliveries of any kind provided by the ESDN Office through the platform ESDW – European Sustainable Development Week (hereinafter referred to as the Platform, online at www.esdw.eu) are based solely on these Terms and Conditions (GTC) as amended.
The ESDW – European Sustainable Development Week is a Europe-wide initiative intended to support and increase the visibility of activities, projects, and events related to sustainable development. The platform was initiated by the Austrian Federal Ministry of Agriculture, Forestry, Environment and Water Management, the German Federal Chancellery, and the French Ministry of Ecology, Sustainable Development and Energy.
With this Platform, the ESDN Office allows users to upload photographs, texts, graphics, etc. (“Content”) related to sustainability for presentation to an interested audience. Users retain all rights to, and are solely responsible for, User Content.
The ESDN Office’s role is solely that of technical distributor/site host which has no influence over User Content and does not supervise Content. Pursuant to §16 (1) of the Federal Act governing certain legal aspects of electronic commercial and legal transactions (E-Commerce Act – ECG), the ESDN Office is responsible for illegal content only if it does not immediately remove or disable access to it after learning of it. If Users become aware of any Content that violates any laws or rights, they are requested to report it without delay to email@example.com.
- Copyrights to the Platform
The Platform is in its individual components and its entirety the property of the ESDN Association.
- License Agreement for Using the Platform
By making an account, the User makes a legally binding offer to enter into a License Agreement, which can be confirmed by the ESDN Offic in an account confirmation email. When making an account, the User shall provide the required personal data, especially first and last name and a valid email address, and shall accept these GTC as amended. The ESDN Office reserves the right to reject any request for a License Agreement without stating grounds.
Use of the platform is free of charge. This shall not result in any legal claim to use of the platform free of charge in the future. The ESDN Office reserves the right to close or restrict use of the platform or to block any user at any time without stating grounds.
The License Agreement between the ESDN Office and the User is entered into for an indeterminate period of time.
- Right to Withdrawal/Termination
The User can withdraw from the License Agreement with the ESDN Office at any time by email sent to firstname.lastname@example.org. Any previously granted rights to use of user generated or uploaded content shall remain unaffected by this right to withdrawal/termination.
The ESDN Office shall provide all services dependent on existing technical, financial, operational, and organizational conditions. The ESDN Office shall not be held accountable for any service interruptions, disturbances, delays, deletions, transmission errors, or server failure that occur in connection with the use of the services provided or with communications with the User.
The User acknowledges that all services provided by the ESDN Office involve third party network providers. The availability of service is therefore dependent on the technical provision of services by said third parties, over whom the ESDN Office has no influence.
The ESDN Office is not obligated to make services available online without interruption and at all times. The ESDN Office has the right to interrupt service for a reasonable period of time for internal reasons, e.g. maintenance. No claims to service result for the User. The ESDN Office shall strive for a rapid restoration of service.
The User is entitled to use the service at his or her own risk and expense and shall use only suitable technical devices to do so.
The ESDN Office provides a warranty solely for paid services pursuant to §§ 922 ff of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB).
Any liability of the ESDN Office and its organizational units, employees, contractors, or other agents is limited to acts committed by intent or gross negligence. Any liability for acts committed by simple negligence shall be excluded. This disclaimer does not apply to any injury to persons or damage to items the ESDN Office has accepted for processing. In cases where the liability of the ESDN Office is excluded or limited, the limitation or exclusion of liability shall also apply to the personal liability of the ESDN Office’s organizational units, employees, contractors, or other agents.
- Uploaded Content
The User grants the ESDN Office worldwide, transferable, non-exclusive exploitation rights and the rights of use for all media for the duration of the legal term of the copyright as amended, especially for the purpose of keeping content retrievable and publishing and distributing it through the Platform. Exploitation rights and the rights of use apply in particular to use of contents for advertising and reporting purposes.
The ESDN Office is not obligated to keep Content retrievable. The ESDN Office can reject User Content, publish it elsewhere, shorten it or delete it at any time.
The User agrees not to upload any Content the provision, publication, or use of which violates applicable law or the rights of third parties (especially intellectual property or moral rights) and confirms that he or she owns the rights to the content, not just for the purpose of temporary copying, distribution, and retrievability. Uploading racist, pornographic, discriminatory, offensive, or immoral material is explicitly prohibited.
In the event of a claim by a third party that User Content has violated his or her rights, the ESDN Office is entitled to pass on the contact data provided by the User.
In the case of any web links placed by the User or the ESDN Office that give access to online services provided by third parties, the User or the ESDN Office shall not assume any responsibility or liability for the third-party content provided by these services. The ESDN Office does not claim any ownership of the target contents available through the links. If Users find content that violates any laws, regulations, or legal rights, they are requested to report the content to email@example.com.
13.1. Registration: When accessing the Platform for the first time, the User is required to enter personal data. The User can enter all the relevant information for communication between the ESDN Office and the User, including in particular the User’s name and email address.
We store the personal data of event organizers only for the duration of the time we store the event that event organizers have created online on ESDW.eu. Over the course of the subsequent ESDWs, we will send event organizers an email about the possibility for them to potentially promote another event and support the ESDW. In each of these emails, event organizers have the opportunity to respond and request the complete deletion of their data from our system (also from events). The data of event administrators will never be given to third parties or used for advertising purposes without the consent of event administrators! Only with event administrator´s consent will event data be forwarded to the website UNDP.org, in order to promote events. UNDP.org will also not pass along event data or personal data to third parties or use it in advertisements.
13.2. Regular use: During regular use of the Platform, the User can enter additional data, e.g. a photo representing his or her initiative, date and location of events, etc. In addition, the Platform will routinely save the following data: log data (including IP address, time of access).
13.3. Declaration of consent: The User accepts and agrees that the ESDN Offic will process his or her personal data, as indicated above, for the purpose of providing access to the services detailed in this contract and to analyze User behavior, in accordance with the Austrian Data Protection Act (Datenschutzgesetz, DSG).
Protecting the security and privacy of your personal data is an utmost concern to us. We observe the applicable legal regulations for the protection, proper handling, and confidentiality of personal data, especially the Austrian Data Protection Act (DSG), the EU General Data Protection Regulation (GDPR) and the Austrian Telecommunications Act (TKG).
13.5 Use of Google Maps: This website uses Google Maps for displaying maps and providing route information. Google Maps is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When the User accesses the Platform, a direct connection to Google’s servers is established. This means that device-specific data, location data, the IP address (log files), and information on cookies are transmitted to Google. By using the Platform, the User accepts and agrees to the transmission, collection, processing, and the use of automatically collected data by Google. The terms specified in section 14.6 apply mutatis mutandis.
In addition we offer an OptOut for google analytics tracking. If you want to set a cookie to prohibit all google analytics tracking click here the OptOut Function.
13.8. Google+: The Platform employs Google social web functions such as the +1 button. These services are provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as Google). This service is intended as a convenient means for Users to make suggestions to their friends. In the case of certain contents, the User’s name and profile picture may be displayed in ads if he or she uses the +1 button. The User can disable or enable this feature in his or her settings. The User can also view and manage all the pages where he or she has given a +1 in the +1 tab in his or her Google+ profile. Users can get further information at https://support.google.com/plus/answer/1047397?p=sign_up_about_plusones&rd=2&hl=en.
13.9 Twitter: The Platform employs the Twitter “Tweet” button plug-in. This plug-in is provided by Twitter Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA. If the User uses the Twitter service, the websites visited by the User will be linked with his or her Twitter account through the Retweet function and made accessible to third-party users. Users can find further information at http://twitter.com/privacy. Users can change their Twitter privacy settings by following this link: http://twitter.com/account/settings. By using the Platform, the User accepts and agrees that Twitter will process his or her data in the way and for the purposes described above.
13.10 Pinterest: The Platform employs the “Pin it” button provided by the Pinterest network. This plug-in is provided by Pinterest Inc., 635 High Street, Palo Alto, CA CA 94301, USA. If the User uses the Pinterest service or visits websites or a web app that includes Pinterest functionalities (e.g. the “Pin it” button), log data are automatically transmitted to Pinterest, including for instance the IP address, the URL of the website, data on the browser used and the browser settings, the date and time when the website was accessed, data on how the User interacted with the website, information on the device used, and related to cookies. Pinterest will also set its own cookies. Pinterest uses the data gathered to suggest pins and boards to the Users and to display personalized ads. Users can get further information at http://about.pinterest.com/de/privacy-policy. By using the Platform, the User accepts and agrees that Pinterest will process his or her data in the way and for the purposes described above.
- Miscellaneous/additional terms and conditions
14.1 If individual provisions of this contract are or become invalid, either fully or in part, or if there are any omissions in the contract, this shall not affect the validity of the remaining provisions.
14.2 Any change or modification of this contract must be in writing. This provision also applies to any agreements made to waive the writing requirement. All communications made by email, fax, or web form shall be considered to satisfy the requirement of written form.
14.3. Any words and designations that are used in this contract to refer to natural persons in masculine form only are meant to include both men and women alike. If a word or designation is used to refer to a specific natural person, the appropriate grammatical gender shall be used in each case.
14.4. These Terms and Conditions have been prepared in German and English. In case of disputes and questions of interpretation arising from these Terms and Conditions, the German version shall prevail.
- Governing law and jurisdiction, place of performance
15.1 This contract is governed by Austrian substantive law, without respect to its conflict of laws principles.
15.2 The parties consent, exclusively, to the adjudication of any dispute arising directly or indirectly out of this contract by any Austrian court of competent jurisdiction. If the user is a consumer, this place of venue shall only apply if the user has his or her domicile, habitual place of residence, or place of occupation in this court district or if he or she lives abroad.
15.3 The parties consent that, in any case, any disputes shall be adjudicated by an Austrian court.
15.4 The place of performance of the services governed by this contract shall be Vienna.