TERMS AND CONDITIONS
Version: September 04, 2015
1. Scope of the terms and conditions of use and participation
1.1 Use of the platform, as well as participation in the projects (hereinafter "projects") on https://ideenlabor.eon.de (hereinafter "platform"), is proposed by:
E.ON Energie Deutschland GmbH
1.2 Use of the platform is subject to these terms and conditions of use and participation. The participation in projects can additionally be subject to specific project terms and Conditions.
1.3 "Users" are people registered on the platform. "Participants" are users who take part in the project beyond simple registration.
2. Use of the platform and participation in the project
2.1 Logging on to use the platform as a user may take place once a membership account has been created by means of registration. Registration as user and participant is also possible by connecting to an existing Facebook account. Precondition for the registration as a participant is that the potential participant is already registered as a user.
2.2 Use of, and participation in, the project on the platform is free of charge.
2.3 Only natural persons over the age of 18 who are permitted to participate. When registering, users and participants shall provide the assurance that they fulfil the requirements of, and shall continue to comply with, the provisions in these terms and conditions of use and participation.
2.4 Multiple registrations by users and participants and access via third parties are not permitted.
2.5 No right to register shall exist for the purpose of using or participating on the platform, nor any right to participate in the project. The platform operator is entitled, at its own discretion and without providing any reason, to bar individuals from registering and deny them use of the platform or participation in the project.
3. Offer of the platform operator
3.1 The platform operator offers users of the portal the possibility to access information about and thereby participate in the project. Participants have the possibility of taking part in the project by submitting proposals, writing comments, answering questions or providing evaluations.
3.2 Project owner of projects can be the platform operator, external companies, individuals and organizations. The projects are set up after initial consultation with the platform operator. Each project is directed and executed by the project owner in coordination with the platform operator.
3.3 The respective project owner and the subject of the specific project, including project description, are shown on the project page.
4. Contributions in the context of project participation
4.1 A participant takes part in the project on the platform by submitting proposals in form of opinions, ideas, comments, suggestions, scribbles, pictures, videos or other material (in the following summarized as “contributions”) according to the tasks set defined in the project description on the platform during the project campaign period.
The inputting of proposals by the participant occurs through the platform interface, through which also documents in form of PDF or JPG can be uploaded in accordance with the description on the Platform.
4.2. Proposals are to be made in English or German.
4.3 Users and participants undertake not to publish any illegal contributions and/or contributions that offend public decency. Such contributions may be deleted from the page immediately and without prior consultation and constitute extraordinary grounds for termination.
4.4. Proposals submitted in a specific project are valid only for the respective project.
4.5. Participants know that a project owner can modify and specify project descriptions in response to the project. He can also explain details in dialogue with the participant. As far as these changes impact the contribution in a way that it has influence on the incentive and evaluation of the proposal, the project owner has to set a limit in which the participant can agree to the changes in the project description. If the participant does not respond within the given time limit, the changes are valid. At any time the participant has access to additional information to the project and can use this information to adapt his proposals. Participants are available for additional information with regard to their proposals throughout the project duration.
5. Obligation to secrecy
5.1 Participants and users may not pass on information, which is necessary for participation in the project (esp. username and password), to third parties.
5.2 User undertakes to treat as confidential, for an indefinite period of time, all information received by platform provider which are not publicly known.
6. Participant’s Obligations
6.1 The participant shall confirm during the input of contributions that they have created them by themselves and are submitting these in their own name and that no third party rights exist, including but not limited to copyright, trademark and design rights or patents, business designations, company property, rights to one's own image or trademark rights. This also includes in particular the obligation not to submit any contributions that infringe company and/or trade secrets or the like (including but not limited to know-how) of their employer or of a third party in respect of whom they are obliged to secrecy; furthermore, no ideas shall be submitted by a participant that belong to and must be notified to the participants’ employer or belong to and must be notified to the participants’ or any other third party as a result of a separate agreement.
6.2 The participant agrees that the platform operator may publish the contributions of the participant so that they are visible to all other participants and users on the platform.
6.3 The platform operator may at its discretion and at any time amend or delete participants' contributions. In principle, the deletion of a contribution takes place only if the participant does not adhere to the terms and conditions of use and participation or comply with the requirements of the project descriptions or if, in the view of the platform operator, the contribution does not fulfil the submission criteria specified in the project description.
6.4 Should the issue of copyright, intellectual property, trademark, privacy or other proprietary rights arise as a result of the participant’s contributions to the project, then participant shall grant the platform operator - at the time of their coming into existence and free of charge – the exclusive rights unrestricted in time, space and content to the contributions submitted, for their unrestricted use and exploitation. Specifically included within this, but not limited to it, is the right to entirely rework, develop and transform the participant's contributions submitted (including the link to other contributions and activities of third parties, as well as products/product groups of the project partner and other third parties), as well as the right to unrestricted commercial and non-commercial marketing and exploitation of the draft and finalised contributions, including but not limited to the right to print, reproduce, disseminate and distribute, archive, film, merchandise and advertise, the right to exhibit, recite and depict, perform and publicly display, the right to broadcast/transmit, to replay and to make accessible upon request. Furthermore, this includes but is not limited to the right to have the contributions protected in whatever form by the platform operator through trademark registration.
6.5 By submitting a contribution the participant declares that he has so far made no dispositions, which would oppose granting a right to use the contribution. In this respect, the participant shall indemnify the platform operator from all third party claims.
6.6 The platform operator is entitled to grant, assign and/or charge the rights acquired in full or in part, exclusively or non-exclusively, to third parties.
7. Premature Termination of the project / Terminating Membership
7.1 The platform operator reserves the right to interrupt or end the project at any time without prior notice and without providing any reason. Claims made by participants as a result, in particular claims for damages, shall not be accepted.
7.2 Giving three days' advance notice, the platform operator may terminate the membership of a user and/or participant by a simple e-mail and delete their member's account. The same is valid for the user. The platform operator's ordinary right to terminate is precluded until completion of the project.
7.4 If a user or participant who terminates its membership by deleting its member's account or who has received notice of extraordinary termination, has already submitted a contribution, the latter will not be deleted when the membership ends but will be shown anonymously.
7.3 The right to extraordinary termination without notice and for good cause remains unaffected. Extraordinary grounds are constituted by including but not limited to a breach of these Terms and Conditions of Use and Participation.
7.5 Terminating membership or any other end to participation in the project - regardless of the reason - has no influence on the granting of rights; these rights remain in each case with the platform operator.
8. Liability of the platform operator
8.1 The platform operator is liable for damages - irrespective of any legal grounds – only:
- as a result of wilful intent;
- as a result of gross negligence by the platform operator, its legal representatives or its vicarious agents;
- in the event of culpable injury to lives, limb or health;
- in respect of defects which it has intentionally concealed or the absence of which it has guaranteed;
- to the extent that it has mandatory liability under the laws of product liability.
8.2 In the event of a culpable breach of significant contractual obligations, the platform operator shall also be liable for gross negligence and minor negligence; in the latter case this shall be limited to the typical contractual, reasonably foreseeable damage at the time when the contract came into force.
8.3 All further claims shall herewith be excluded.
9. Liability of the user or participant
9.1 The user or participant shall indemnify the platform operator from all demands and claims by third parties based on a breach of these Terms and Conditions of Use and Participation by the User or participant.
9.2 The user or participant shall ensure that data, designs, sketches and information sent to the platform operator are free from viruses and other harmful programs. To this end, the user or participant shall implement state-of-the-art anti-virus software. Damage caused to the platform operator by viruses transmitted or other harmful software shall be made good by the user or participant.
10. Liability of the project owner
The project owner is liable for the content posted by him according to legal regulations. His further liability towards the users or participants can be changed notwithstanding the project descriptions. On this platform operator has no influence.
11. Copyright/Rights of Use
The platform operator or its service providers, as applicable, own the copyright or the rights of use of all pictures, films and texts published on the platform, except where this concerns sections of participants’ contributions, comments etc. Using the pictures, films and texts is not permitted without express written agreement from the platform operator or its service providers, as applicable.
12. Data Protection
12.1 The platform operator uses person-related data (name, address, date of birth, e-mail address, telephone number) provided by the user or participant in accordance with the regulations of data protection law.
12.2 All personal data is handled strictly confidentially. Person-related data necessary for execution and completion of the project is stored and used by the platform operator and made available, where required, to service partners assisting the platform operator in executing the contract (including but not limited to postal services).
The following information is sent to the user or participant by default:
- Feedback on submissions and questions;
- Comments by other users on one's own proposals and comments;
- Information on the progress of current projects;
- Invitations to new projects;
- Information about completed projects on the platform.
The user or participant may modify the information to be received under "Profile" and may revoke its consent at any time with future effect.
12.3 The names of the project winners may be published by the platform operator for its own advertising purposes, unless the winner expressly opts out of publication immediately after the announcement of having won. A right to be named according to §13 of the German Copyright Act shall not exist.
12.4 Detailed guidelines about data protection are available in our data protection statement. Users and participants shall accept the general data protection statement.
12.5 The responsible authority under the terms of the data protection acts is the platform operator. The user or participant may at any time contact the platform operator at
in order to opt out of the use and processing of their data for its own advertising and marketing purposes, to revoke consent to the use of their data, to request information about stored data concerning the user or participant and to correct, complete or delete it or block access to it.
13. Other provisions
13.1 There shall be no legal recourse as regards participation in the project.
13.2 These Terms and Conditions of Use and Participation and any disputes arising from or in connection with these Terms and Conditions of Use and Participation are subject to the law of the Federal Republic of Germany; the UN Convention on the International Sale of Goods (CISG) shall not apply.
13.3 For all disputes involving users or participants, who are not consumers in the sense of § 13 of the German Civil Code (BGB), the particular jurisdiction for disputes arising from the project is Munich (Germany). The platform operator reserves the right meanwhile to sue the user or participant at the court where they reside. The place of fulfilment for all the rights and obligations resulting from the contract shall be solely Munich.
13.4 The platform operator may modify these Terms and Conditions of Use and Participation without providing a reason. Between the user or participant and the platform operator, it is the most current version of the Terms and Conditions of Use and Participation to which the User or participant has agreed to.
If the Terms and Conditions of Use and Participation should change during the project, users and participants shall be requested to agree to such changes. If the user or participant does not agree, further use of the Platform shall not be possible.
13.5 If individual regulations in these Terms and Conditions of Use and Participation prove to be totally or partly legally ineffective and/or incomplete, then the validity of the remaining conditions shall not be affected. Invalid provisions shall be replaced, through agreement, by those suitable for achieving the desired economic outcome with consideration to the interests of the contracting parties. If translations of the present Terms and Conditions of Use and Participation be made available, the German language version shall be the sole valid version.