Terms & Conditions

 

CIRCLE LAB TERMS AND CONDITIONS OF USE

THESE TERMS AND WHO WE ARE
Circle Economy and/or any of its related, affiliated or subsidiary companies (“Circle Economy”) owns and/or operates the internet site located at http://www.circle-lab.com along with any related websites, networks, applications, and other services provided by Circle Economy (collectively the “Platform” or “Circle Lab”). By accessing, browsing, using the Platform, or registering on Circle Lab, you (the “User”) agree to this TOU, incorporating the Privacy & Cookie Policy (“Privacy & Cookie Policy”). Certain services, some of which may be provided by third parties, may be subject to additional terms and conditions as may be set forth in this TOU, and your use of the Platform and such services constitutes your agreement to all applicable additional terms. 

PLEASE READ THIS TOU CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE PLATFORM, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH CIRCLE ECONOMY, THE TERMS OF WHICH GOVERN YOUR USE OF THE PLATFORM. ACCORDINGLY, BY YOUR ACCESS OR USE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, THE PRIVACY & COOKIE POLICY, AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE PLATFORM. 

Circle Economy reserves the right to change or modify any of the terms and conditions contained in the TOU at any time and in its discretion. If Circle Economy changes or modifies this TOU, Circle Economy will post the changes to this TOU on the Platform and will indicate at the top of this page the date this TOU was last revised. We may also choose to notify you of any material changes or modifications to the TOU through your email address that you have used to register on the Platform. Any changes or modifications will be effective immediately upon posting of the revisions to the Platform. Your continued use of the Platform following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check the Platform to determine if there have been changes to this TOU and to review such changes. If you do not agree to the amended TOU, please discontinue using the Platform. Because our services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

These terms and conditions were last changed on 14 March 2018.

ELIGIBILITY
Children (persons under the age of 13) are not eligible to use the Platform in any way. You may use the Platform only if you are over 18 years of age, an emancipated minor, or if you possess legal parental or guardian consent, are fully capable of forming a binding contract with Circle Economy, and are not barred from using the Platform under applicable law. If you are between the ages of 14 and 18, you may only use the Platform in conjunction with and under the supervision of your parents or legal guardians. Users may not submit any information about or identifying children in any way, and Circle Economy has the right to discontinue access to the Platform in the event a user does so. In any case, you affirm that you are over the age of 13 by clicking the applicable button or box, or by otherwise using the Platform. If you are under 13 years of age, do not use the Platform. If Circle Economy learns that you are under 13 and your personally identifiable information has been collected, then we will delete your account and all personal information associated with it.


CONTRIBUTIONS
Upon registering on the Platform, you may enter a challenge on the Platform (a “ Challenge”). These and other features of the Platform permit you to upload or otherwise submit, your own content, texts, images, sounds, videos, software, research, ideas, or comments (your “ Contribution(s)”). 

Your Contributions to Circle Economy on the Platform are entirely voluntary, non-confidential and gratuitous. You grant to Circle Economy and any Challenge Issuers or Judges (as defined below) (collectively “Circle Lab Partners”), and to other Users an unrestricted, perpetual, irrevocable, sub-licensable, non-exclusive fully-paid up and royalty-free worldwide license to use any ideas, expression of ideas, Contributions or other materials you submit on this Platform without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.  

The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works (e.g. a publication recording celebrating a Challenge), combine with other works, alter, translate, distribute copies, display, perform, license the Contribution or parts thereof, and all rights therein, in the name of Circle Economy, or Circle Lab Partners, throughout the universe in perpetuity in any and all media now or hereafter known.

You represent and warrant that you are the owner of all Contributions and have all legal right and authority to grant Circle Economy and Circle Lab Partners the license and rights set forth herein. All necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for Contributions depicting people, products, businesses, or other content) have been obtained for you to grant the licenses contained herein.

You understand that no compensation is due to you or anyone else for any use, inadvertent, intentional or otherwise, of that Contribution, related Contributions or Contributions derived from your Contribution.

Your Contribution represents your own original work, you have all necessary rights to disclose your Contribution to Circle Economy and Circle Lab Partners and in doing so Circle Economy’s or Circle Lab Partners review and/or use of your Contribution, will not, to the best of your knowledge, infringe upon any other individual’s or entity’s rights.

You understand that disclosure of your Contribution to Circle Economy or a Challenge Issuer does not establish a confidential relationship or obligate Circle Economy or a Circle Lab Partner to treat your Contribution (or any related content) as secret or confidential.

You understand that Circle Economy or a Circle Lab Partner has no obligation, either express or implied, to develop or use your Contribution. You understand that Circle Economy and Circle Lab Partners assume no obligation with respect to any Contribution.

You acknowledge that Circle Economy or a Circle Lab Partner, directly or indirectly, may be working on the same Contribution or a similar Contribution to your Contribution, or already know of such Contribution from other sources. You also understand that other Users may be working on the same or a similar Contribution.

You agree that (except to the extent that these terms are superseded by a separate agreement in writing by you and Circle Economy or a Circle Lab Partner) you hereby irrevocably release and forever discharge Circle Economy and Circle Lab Partners 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 can, shall or may have against Circle Economy and Circle Lab Partners and their affiliates and subsidiaries or their respective successors and assigns with respect to your Contribution, including without limitation in respect of how Circle Economy or a Challenge Issuer directly or indirectly use your Contribution.

Your Contribution, including any personally identifiable information, is voluntary and subject to the Privacy & Cookie Policy. You are responsible for the content of your Contribution and agree to defend (at Circle Economy’s option and at your sole expense), indemnify and hold Circle Economy and any Circle Lab Partner harmless from any damages, losses, costs, or expenses, including attorneys' fees, which Circle Economy and a Circle Lab Partner may incur as a result of your Contribution.

If you are viewing the Platform on a public computer or are otherwise using a computer to which multiple people have potential access, you agree to follow good practice and ensure that you are sufficiently disconnected and logged off the Platform and the computer system you are using to prevent unauthorized Contributions.

You agree that Circle Economy and Circle Lab Partners shall not be responsible for any fees that are or become payable as a result of the copying, distribution or display of the Contributions, including without limitation fees: (i) for any images or video recording embodied in the Contributions; (ii) for any composition or underlying works embodied in any Contributions; or (iii) to any actor, model, writer, creator, composer, artist or artist affiliated entity.

Circle Economy retains the right to review, edit or delete from the Platform any Contribution that Circle Economy, in its sole discretion or in consultation with a Circle Lab Partner, as necessary, considers illegal, offensive or otherwise inappropriate.

You acknowledge and declare that you have read and fully understand this TOU and appreciate the nature, extent and consequences of this TOU, and the submission of your Contribution(s) on the Platform is entirely voluntary.


JUDGES
“Judges” are Users who evaluate ideas and solutions based on criteria determined by Circle Economy and the Challenge Issuer. If you are a Judge, you acknowledge that you have read and agreed to the terms outlined in the Judges Brief sent to you by Circle Economy. If you are interested in becoming a Judge please contact lab@circle-economy.com.


CHALLENGE ISSUERS
Challenges on the Platform will be set, moderated, administered and managed by Circle Economy together with other identified organizations acting as issuers of the Challenge (the “Challenge Issuer” respectively) as well as certain. The Challenge Issuers are often identified on the Platform as “Issuer” together with their names and logos. 
 

GRANT AND RESTRICTIONS ON USE
The Platform is owned and operated by Circle Economy. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Platform provided by Circle Economy (the “Materials”) are protected by copyright, trade dress, author’s rights, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Contributions and content submitted by you and other Users, all Materials contained on the Platform are the copyrighted property of Circle Economy or its subsidiaries or affiliated companies and/or Challenge Issuer, or third-party licensors. All trademarks, service marks, and trade names are proprietary to Circle Lab or its affiliates or Challenge Issuers and/or third party licensors.

Where Circle Economy has licensed elements of the Materials to a Challenge Issuer for the purposes of that individual or entity operating its own ‘branded’ website for Challenges using the same community of Users, you afford the same rights to the such Challenge Issuer as you do to Circle Economy under this TOU.

Circle Economy grants you a non-exclusive, revocable right to use the Platform for its intended purpose provided that you do not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Circle Economy hereby grants you a limited license to use the Materials, and Platform provided by Circle Economy and Circle Lab Partners on this Platform, solely for your personal, non-commercial use, to submit any Contribution subject to this TOU. Nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to any intellectual property right.

Circle Economy reserves the right to review your Contributions in order to ensure compliance with this TOU and the Privacy & Cookie Policy. Circle Economy reserves the right to deny or revoke access to this Platform for any User, or any part thereof, at any time in its sole discretion, with or without cause. Your access to this Platform will terminate upon your violation of this TOU.

Users are granted the use of Contributions as stated in the TOU, and the use of any content contained in the Contributions will be entirely at your own risk, for which neither Circle Economy nor Circle Lab Partners shall be liable. It shall be your own responsibility to ensure that any content from the Contribution you wish to use or develop is suitable for your specific requirements. Use, access, download, or otherwise obtaining of Contributions through Circle Lab or any third party sites are at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such Contributions.

While Circle Economy endeavors to ensure that the Platform is available at all times, Circle Economy shall not be liable if, for any reason, this Platform is unavailable at any time or for any period.


OPEN SOURCE SOFTWARE
The Platform contains the open source software, Open Social. More information about Open Social can be found here.

The open source software is subject to its own applicable license terms, which are set forth here.


COMMUNICATIONS WITH THE PLATFORM ADMINISTRATOR
The Platform has the following means of communication to Circle Economy as administrator of the Platform:

Send an email directly to the administrator of the Platform via lab@circle-economy.com
 
Any content, Contributions, postings or messages that a User regards as offensive or damaging can be flagged by sending an email to the address above. Circle Economy, in consultation with a Circle Lab Partner as necessary, has the right to remove material it considers offensive to Users, and/or suspend a User’s registration.
 
The email address above can also be used for questions about this TOU and the Privacy & Cookie Policy.
 
You will receive email messages (the “Notifications”) from the Platform to the email address in your My Profile for the purpose of (i) informing you of your and other User’s activities relating to Challenges that you are following, and (ii) sending you an email informing you of new Challenges and other related matters. You can opt out of Notifications by using the “unsubscribe” facility in the email.


USE RESTRICTIONS
By using the Platform, you agree to the following:

Circle Economy may retain and use the personal information that you register on the Platform. Each User has a profile (“My Profile”) which is self managed.

Your My Profile page i) is created upon registering on the Platform (first name, email address, age, interests, location, username and password) and ii) can be edited, personalized and customized at will by you

A functionality exists within the Platform for Circle Economy to combine the Contributions of other Users to a common solution and invite other Users to contribute to a solution (the “Solution”) thus recognising that other Users can share in development of solutions and its journey on the Platform. You consent to Circle Economy adapting your Contribution into a Solution and you acknowledge that you will receive no authorship in the Solution.

You further acknowledge that you will not be entitled to any reward for Users. Your Contribution on this Platform is i) entirely voluntary, non-confidential and gratuitous; ii) visible to all other Users, and iii) retained and used by Circle Economy for the purposes of the Platform.

You place no restrictions on your Contributions and grant permission to Circle Economy and the Circle Lab Partners to process and evaluate your Contribution(s) along with other Users for the purposes of the Challenge and their own evaluation purposes. You do not limit or in any way restrict Circle Economy’s, Circle Lab Partners’, or User’s right to reproduce and/or publish your Contribution(s).

You will not receive any payment or reward for your Contribution.

Circle Economy may approach you through the Platform to further pursue any Contribution or invite you to contribute to Challenges.

Circle Economy undertakes:
 
Not to divulge your Contributions for marketing or advertising purposes for itself or third parties.
 
To act ethically and openly with all Users of the Platform and to remove any Contributions that clearly may offend Users.
 
Not to copy video and photo files for purposes other than expressed in the Terms, and to treat audio, video and photo images as anonymous even if they contain names, identities or individuals that are identifiable.
 
To have the same arrangements in place with Challenge Issuers in the same way that Circle Economy sets, administers, moderates and manages Challenges.
 
To operate the Platform in accordance with the latest requirements with respect to our use of cookies and giving you the option not to store these on your computer.


ACCEPTABLE USE POLICY
The Platform enables you to submit, post, and share information and content with Circle Economy, Circle Economy Partners and other Users, as further described hereunder. You must be a registered User to submit any Contributions to the Platform.

If you are a User and want to submit a Contribution to a Challenge it must be in accordance with the TOU.

Circle Economy does not want to receive through this Platform any confidential or proprietary information or materials otherwise subject to use restrictions. You understand that all Contributions, as well as your username and User photo/image (if uploaded to My Profile and made visible to other Users), will be deemed public and not confidential.

With the exception of first and last name and age, it is not necessary for a User to disclose personally identifiable information publicly in order to fulfill the purpose of the Platform and/or a Challenge. In fact, Circle Economy advises against such. It is each User’s decision as to whether they add personal information to My Profile or upload a photograph of themselves and to opt to make these visible to other Users as part of My Profile.

Unless expressly authorized on the Platform, you are prohibited from posting or transmitting any “sensitive” personally identifiable information over the Platform, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit cards, bank accounts, other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.

You are also prohibited from:

using the Platform to send or post harassing, abusive, or threatening messages;
transmitting through the Platform any information, data, text, files, links, images, software, or other materials that Circle Economy considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our Users, partners, customers or suppliers and Circle Lab Partners;
attempting to conceal or misrepresenting the identity of the sender, User or person submitting the information, or impersonate any individual (real names, email addresses and other information must be used);
disrupting the normal flow of the Platform, including participating in negative dialogue on the Platform or otherwise act in a manner that negatively affects other Users; or posting any unsolicited chain letters, advertising, promotional materials, contests, or any other commercial or non-commercial solicitations;
sending spam or other direct marketing communications or posting, transmitting or linking to unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Platform;
posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming;
posting Contributions or using the Platform in such a way that damages the image or rights of Circle Economy, Circle Lab Partners, other Users, and third parties, including posting Contributions that breach the copyright (or other proprietary rights) of third parties; and
from creating any frames at any other websites pertaining to any portion(s) of this Platform.

Although we are not obligated to monitor access to or use of the Platform or to review any Contributions, we have the right to do so for the purpose of operating the Platform, to ensure compliance with this TOU, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated to remove or disable access to any Contributions at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Contributions to be objectionable or in violation of this TOU including this acceptable use policy. We have the right to investigate violations of this TOU or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.


TRADEMARK INFORMATION
Circle Economy and the Circle Economy logo, Circle Lab and the Circle Lab logo, are the trademarks of Circle Economy. All other trademarks, service marks, domain names, logos and company names referred to on the Platform are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Circle Economy, Challenge Issuers or other participating parties. Circle Economy and Challenge Issuers claim rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on the Platforms may be trademarks of the Challenge Issuers or their respective owners, partners or participating parties. You may not use any trademark, service mark, domain name, logo, or company name of Circle Economy, Challenge Issuers or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name.


THIRD PARTIES
The Platform contains links to third-party websites, services and/or resources. We provide these links as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, services and/or resources and acknowledge such use is subject to any terms of use of those websites, services and/or resources.


TERMINATION
We may terminate your access to and use of the Platform, at our sole discretion, at any time and without notice to you. You may request cancellation of your account at any time by sending an email to us at lab@circle-economy.com. Upon any termination, discontinuation or cancellation of the Platform or your account, all provisions of this TOU which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.


DISCLAIMER
The Platform, and any Materials and information on the Platform may include technical inaccuracies or typographical errors. Circle Economy will reasonably keep the Information on the Platform and its contents correct and up to date but does not guarantee that the Platform and is free of errors, defects, malware and viruses or that the Platform is correct, up to date and accurate. Circle Economy may make changes or improvements at any time without notice. The Platform, and Materials and information on this Platform are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Circle Economy provides the Platform on the basis that Circle Economy and Circle Lab Partners exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for this TOU might have effect in relation to the Platform.

Any information related to your use of the Platform for illegal purposes will be provided to law enforcement authorities. Save as provided in this TOU, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to this TOU (a “Misrepresentation”) and Circle Economy shall have no liability to you other than pursuant to this TOU. Nothing in this TOU shall exclude or limit Circle Economy’s liability for any intentional Misrepresentation.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT CIRCLE ECONOMY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE PLATFORM, NOR DOES CIRCLE ECONOMY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. CIRCLE ECONOMY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.


LIABILITY
To the maximum extent permitted by applicable law, Circle Economy, Circle Lab Partners, any other party (whether or not involved in creating, producing, maintaining or delivering the Platform) and the officers, directors, employees, shareholders or agents of Circle Economy and of Circle Lab Partners exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise)) in connection with the Platform in any way or in connection with the use, inability to use, or the results of use of the Platform, any websites that link to the Platform or which are linked from the Platform, or the material on such websites, including but not limited to loss or damage due to viruses that affect your computer equipment, devices, software, data or other property on account of your access to, use of or browsing the Platform, uploading Contribution(s), downloading of any material from the Platform or any website linked to the Platform, or accessing any website linked to the Platform.

IN NO EVENT WILL CIRCLE ECONOMY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED ONE THOUSAND EUROS (€1,000.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CIRCLE ECONOMY AND YOU.
 
Nothing in this TOU shall exclude or limit Circle Economy’s or Circle Lab Partners’ liability for (i) fraud or willful misconduct; (ii) death or personal injury caused by its negligence or gross negligence; or (iii) any liability which cannot be excluded or limited by law.


APPLICABLE LAW AND JURISDICTION
These Terms of Use shall be exclusively governed by Dutch law. All disputes arising in connection with these Terms of Use, including disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Amsterdam.

If you have any complaints about products or services provided via the Platform, you can contact us at lab@circle-economy.com. If we are unable to resolve your complaint, you have the right to refer the dispute to the European Union Online Dispute Resolution platform at https://ec.europa.eu/odr. If you decide to use this platform, please use the following e-mail address of Circle Economy: lab@circle-economy.com


GENERAL PROVISION
This TOU and the Privacy & Cookie Policy constitute the entire and exclusive understanding and agreement between Circle Economy and you relating to use of the Platform, and supersede and replace any and all prior oral or written understandings or agreements between Circle Economy and you regarding the same. If for any reason a court of competent jurisdiction finds any provision of this TOU invalid or unenforceable, such provision will be deemed omitted and the other provisions of this TOU will remain in full force and effect.

You may not assign or transfer this TOU, by operation of law or otherwise, without Circle Economy’s prior written consent. Any attempt by you to assign or transfer this TOU, without such consent, will be null and of no effect. Circle Economy may freely assign or transfer this TOU without restriction. Subject to the foregoing, this TOU will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Circle Economy under this TOU, including those regarding modifications to this TOU, will be given: (i) by Circle Economy via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Circle Economy’s failure to enforce any right or provision of this TOU will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Circle Economy. Except as expressly set forth in this TOU, the exercise by either party of any of its remedies under this TOU will be without prejudice to its other remedies under this TOU or otherwise.


CONTACT INFORMATION
If you have any questions about these Terms, please contact Circle Economy at lab@circle-economy.com.