Terms of use

 

Updated: April 15, 2020

 

Please read our terms of service and our community guidelines carefully.

ENVISION is an independent creative non-profit platform and we trust that our platform is being used respectfully and for trustworthy purposes, the same can be expected from us. While using or submitting to any of our sites, you agree to abide by these terms and conditions.

The policy is updated based on the date provided above. ENVISION has full right to modify these terms based on our discretion. If you do not agree to any of the terms, provided herein, please do not use or participate on ENVISION sites and platform.

 

  1. Accepting the Terms of Service

All our sites, including websites, applications, mobile applications together with the content provided will be referred to as the “Services”. Collectively with its agents, representatives, consultants, employees and directors will be referred to as “ENVISION “we,” or “us”. 

By using or accessing the Services, you (“Submitter”, „User“ or “you”) you agree to be bound by our: Terms and Conditions, Privacy Policy and Community Guidelines, pertaining to your use of any content provided, accessed or distributed on any ENVISION platforms (“Content”). You must be at least 13 years of age to create a ENVISION Account. If you are under the age of 13, you may not create a ENVISION account, but you are welcome to enjoy the site. If you are under the age of 16, and from the European Union (“EU”), you can only create an account if you have verifiable parental consent.

  1. ENVISION as Service Provider

ENVISION Sites may contain links to third party providers and to content that is uploaded by organizations, including videos, images, descriptions, links and other Content. ENVISION is not responsible or liable to these third party sites, and you should review any terms of use when entering those sites or viewing their Content.

  1. Modifications to this Agreement

 ENVISION reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.

We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.

In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.

  1. ENVISION Accounts

In some areas of ENVISION Sites, you may be asked to create an account, access information and or upload data to help use the ENVISION Site or application. These accounts are only available for individuals that are 13 and older, or 16 and older in the EU unless we have parental consent. If you create an account, you are required to provide complete and accurate information. In case you have created a password, you should keep this confidential at all times. All ENVISION Sites must be used based on our guidelines and policies, and if ENVISION determines in its sole discretion that you are not using ENVISION Sites in the way it was intended, we have the right to deactivate your account at any time.

  1. Submitters and Posting Content / Copyrights and Licenses

Definitions / for purposes of this Agreement:

(1) the term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services;

(2) the term “Submitter Content” means Content that a Submitter or User of the ENVISION sites submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Submitter Content.

Your Rights in Submitter Content:

Submitters or Users of the Site retain ownership and/or other applicable rights in Submitter Content, and ENVISION and/or third parties retain ownership and/or other applicable rights in all Content other than Submitter Content.

You retain ownership you have of any intellectual property you submit to ENVISION.

 

Submitter Content License to ENVISION:

When you provide Submitter Content to ENVISION through the Services, you grant ENVISION a non-exclusive, worldwide, royalty-free, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), distribute, transmit (adapt without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), such Submitter Content.

The rights you grant in this license are for the limited purposes of allowing ENVISION to operate the Services on our platform and sites in accordance with their functionality, improve and promote the Services, and develop new Services. We will not use these rights for other unexpected purposes.

By giving your consent to the use on social media, you also agree that this license includes the right for ENVISION to make your Content available to third parties selected by ENVISION, so that those third parties can syndicate and/or analyze such Content on other media and services.

Note also that this license to your Submitters Content continues even if you stop using the Services, primarily because of the social nature of Content shared through ENVISION Services – when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.

Respect of copyrights:

You represent and warrant that any material you submit or post to ENVISION Sites, does not infringe another party’s intellectual property rights or any applicable national or local law that may apply regarding the posting of material. You also agree that any Content you post will not infringe on any third party right — including copyright, trademark, patent, right of publicity or other intellectual property right, and will not slander, defame, libel or invade the right of privacy or publicity of any other person.

If you post material or misuse ENVISION Sites in a way that infringes on another party’s intellectual property rights, or these policies, you understand that we may remove the posting or content.

Termination and Deletion:

On termination of your account or on written request, upon your deletion of particular pieces of Submitters Content from the Services, ENVISION shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it and, if required by the applicable Privacy Policy, delete your Account data and / or Submitters Content unless permitted or required to keep this data in accordance with law; however, you acknowledge and agree that: (a) deleted Submitters Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Submitter Content may not be entirely removed (due to the nature of reblogging, for example). You can delete your account at any time.

  1. No Warranties

All Content (including but not limited to: ENVISION sites, illustrations, animations, videos etc.) is made available AS IS and ENVISION does not offer any warranty of any kind, or represent that the Content will be accurate, complete, or error-free. ENVISION is not liable for the usage of, implementation of, impact from, or communication of the ideas presented in any Content.

  1. Release and Indemnity

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST ENVISION ARISING FROM CONNECTION WITH YOUR USE OF ENVISION SITES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ENVISION, ITS PARENT ORGANIZATION, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO ENVISION SITES; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; AND (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ENVISION OR ITS PARENT ORGANIZATION, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OR INABILITY TO USE ENVISION CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

  1. Entire Agreement

These Terms of Use constitute the entire agreement between users and the ENVISION Sites, governed by the laws of Austria without regard to conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located within Austria. Any headings or summaries provided on this page are used for reference purposes only and do not serve any legal effect. By accessing ENVISION Sites and Content, you agree to be bound by the terms and conditions herein.