Preamble
By registering as a GINNN networking member, you accept these general terms & conditions
(hereinafter referred to as "Terms & Conditions"). The contracting party is Mindcloud Ltd., Tregenna, Plough Lane, Chester CH37PT, UK (hereinafter referred to as “Mindcloud”). These Terms & Conditions refer to the networking site of the website Global Innovation Network www.ginnn.com (hereinafter referred to as “GINNN” as well as all pertinent sub-domains and aliases.
These Terms & Conditions define the principles of use of the websites, and contain conditions
relating to data protection, including a declaration of consent for data storage, and applies also to the use or partial use of other websites allowing full or partial access to GINNN. Those Terms and Conditions valid at the time of application for membership shall apply.
These Terms and Conditions are addressed to persons who use the networking website of GINNN in
the exercise of their hobbies or their commercial or independent professional activity. Mindcloud Ltd denies any liability for the contents of the user profiles.
1. Subject matter
1.1. Mindcloud offers registered users (hereinafter referred to as "users") two
platforms: (a) a closed, free contact networking platform as well as (b) a closed, paid communication platform for the exchange of contacts and
information. You will find details on fees and conditions in the Premium Membership section. In this respect the price list valid for each membership
shall apply. Payment shall be due only on registration as a Premium member. Fees for the Premium membership shall be payable immediately and can be
effected through a direct debit, credit card or PayPal. The applicant must choose one of the aforementioned methods of payment definitively at the time of
application. Costs arising from the making of payments, in particular those costs occasioned by the return of debit advices or comparable fees, shall be
borne by the user. Mindcloud sends invoices to its users' e-mail addresses.
1.2. Any use other than the designated uses of the GINNN websites requires the prior approval of Mindcloud.
1.3. Mindcloud shall release only that information provided by users to other users, to the
extent that the information is not in violation of legal provisions or of these Terms & Conditions. Mindcloud is entitled to remove such illegal information from the website without advance notice to the users.
1.4. Mindcloud reserves the right at any time to alter, expand, limit or close the platforms
with respect to content, structure or scope, as well as alter its Terms and Conditions of use. The user acknowledges each time when she or he logs in that he
agrees to the then actual version of the Terms and Conditions. Regarding availability of the service, in general no guarantee can technically be made of
100% availability. Mindcloud reserves the right to limit or suspend services at any time for reasons of maintenance, security or capacity.
1.5. Mindcloud is entitled at all times to block users or to stipulate specific preconditions
for use. Blocking or restriction of users shall come into consideration particularly in the event that a user violates applicable law or these Terms
& Conditions, if Mindcloud has a justifiable interest in such blocking - particularly if the user has given or continues to give false information,
violates the rights of any third party, abuses the services of Mindcloud or any other good cause exists. Legitimate interests of the user shall be taken
into account in connection with any blocking action.
1.6. Mindcloud is not party to the communication of users or to any business transactions and
disclaims any direct participation therein. In addition, closed contracts shall be fulfilled exclusively between users. Mindcloud merely offers a platform
for the purpose of introducing users to one another and only provides the technical means generally allowing contact to be made. Mindcloud accordingly
refuse all liability in the event that no contact is made during the term of the agreement.
1.7. The user must register with Mindcloud via the GINNN networking website. On registration, a
user agreement comes into effect between the user and Mindcloud on the basis of these Terms & Conditions, provided that Mindcloud does not immediately
reject the registration. The user warrants that all information provided on www.GINNN.com true and complete. The user is required to provide notification of all changes
to user data without delay. No right to registration shall be deemed to exist. Mindcloud reserves the right to revoke its approval at any time without notice
particularly due to false information provided at registration or misuse of the platform.
1.8. The user shall select a password on registration. The user is obligated to keep his
password secret. Mindcloud shall not give the password to any third party and shall not ask the user for the password at any time.
1.9. In the event of termination of a user account, regardless of the legal basis, the user shall
be obligated to pay any fees occasioned up to the date of the termination. Fees already paid will not be refunded.
1.10. The user acknowledges that the GINNN database is available on the internet not only
within the domain www.GINNN.com but also as a supplementary offering on the websites of Mindcloud partners which, as
part of a collaboration with GINNN, supplement their own online presence with the GINNN networking website.
1.11. Authentication of internet users is difficult. Mindcloud does not provide any
warranty that every user is in reality the person that the individual in question claims to be. Every user is responsible for verifying the identity of
the other user.
2. User obligations
2.1. Users are obligated to:
2.1.1. make only true and correct statements about themselves in their profiles and in their
communication with other users;
2.1.2. exercise the due diligence of prudent individuals with one another;
2.1.3. publish no illegal content or content that infringes upon the rights of any third party;
2.1.4. use information obtained in the form of surveys, calls for bids, offers or data
exclusively to conduct their own business or for their own purposes; in particular, resale, further processing, granting access or forwarding are not
permitted.
2.1.5. refrain from harassing any other user with attempts at communication. It is the users'
own responsibility to ensure that their dealings with other users are in full compliance with applicable law and do not violate applicable law.
2.1.6. to refrain from sending chain letters or to dispatch multiple identical inquiries to
multiple users simultaneously.
2.1.7. refrain from the use of mechanisms, software or other scripts in connection with the
use of the GINNN networking website, as well as the blocking, overwriting, modification, copying (this applies also to copying by means of
"robot/crawler" engines technologies or other automated mechanisms) or redistribution of any content generated, is strictly prohibited. The user
must avoid placing an unreasonable or excessive load on the GINNN infrastructure.
2.1.8. Read and accept the Terms and Conditions, each time they are using the GINNN service.
2.2. Users bear full responsibility for the information which they publish on GINNN , e.g. in
their user profile or in their guest book entries on other users' web pages. Users understand that information thus entered is available to other users as
part of the platforms.
3. Termination
Both parties are entitled at all times to terminate this agreement with immediate effect.
Termination is effected via e-mail (indicating login name and password). In this event, notice of termination should be sent to support@ginnn.com Following expiry of the contract all customer data will be deleted from GINNN networking site on request. Mindcloud will also send notice of termination by e-mail to the user. The interests of the user shall be taken into account in the event of termination.
4. Liability
4.1. Mindcloud provides no guarantee for information or statements made by its users. Mindcloud
accepts no liability for breach of duty by one user against another arising from agreements made between them. Under no circumstances does Mindcloud
accept any liability for direct or indirect loss or disadvantage resulting from the use of the GINNN service.
4.2. Should Mindcloud be held liable under legal provisions, the following shall apply:
4.2.1. Mindcloud shall be liable for any culpable action in the event of vital injury, bodily
harm or damage to health;
4.2.2. Mindcloud shall be liable for any other breach of obligation by GINNN or its vicarious
agents, for criminal intent and gross negligence and for petty negligence, and further in the event of violation of essential contractual obligations;
4.2.3. In the event of merely petty breach of obligations by Mindcloud or its agents, the
liability of Mindcloud shall be limited to loss which is customary for contracts and is foreseeable.
4.2.4. Mindcloud shall not be liable for loss of earnings or savings, damage arising from claims
of third parties or any other indirect or direct consequential damage. Liability for the loss of recorded data is limited to such damage that might have occurred even in the event of proper and regular backups of data.
4.2.5. In the event of minor breach of obligations, all liability of Mindcloud shall be
ruled out.
5. Indemnity
The user shall indemnify Mindcloud against all possible claims of infringement of rights made against Mindcloud by other users or other third parties on the basis of the conduct of the user, including the costs of the necessary defence, court costs and lawyers' fees.
6. Data protection
6.1. Mindcloud wishes to make it clear to the user that data provided to GINNN by the user is
processed mechanically in machine-readable form and for purposes arising from the contractual relationship. Dissemination of data to third parties shall
occur only within the scope of the purpose of the contract. Mindcloud states expressly that it is in strict compliance with all legal provisions pertaining
to data protection, in particular with respect to the transfer of data to third parties, but reserves the right to export/import data for the purpose of
altering or expanding of its technology platform and data provider.
6.2. Mindcloud offers every user the possibility of disclosing his personal communication
information in part or in whole to other users or to revoke their right to view data. In communicating contact information, the user bears sole risk.
6.3. By agreeing to these Terms & Conditions the user consents as follows:
I consent
a. that Mindcloud may collect my private data and process and use it for the purpose of creating,
fulfilling and administering my user account with GINNN. Private data include portfolio data such as name and address and usage data such as user name, password and IP address.
b. that Mindcloud may furnish the various data entered by the user himself to other users for the
purpose of business development. The user shall acknowledge on registration which data shall be provided. The provision of data may be halted at any time by the user in the "My Profile" section.
c. that Mindcloud may rely on cookies among other things to gather, process and make use of my
user data, to perform such actions as providing personalised greetings with the user name on GINNN.
d. that Mindcloud may process and use my personal data for Mindcloud marketing campaigns, for
example to dispatch e-mails with general information or information of an advertising nature (such as newsletters). I understand that at any time I may
cancel this use of my information in the "My Profile/Settings" section. I hereby consent to Mindcloud processing and using my private data
to present me with contacts tailored to my individual interests. I may oppose the application tailored to my personal interests in the "My Profile/Settings" section.
e. that if required in isolated cases and in the event that actual cause exists and can be documented, Mindcloud may gather, process and use portfolio and usage data necessary for the discovery and prevention of information entered with intent to defraud and any other illegal or non-contractual use of the services of Mindcloud. To this end, Mindcloud may also gather usage data, using cookies among other things, and process and use it in such a manner that those data providing actual evidence that they were entered with the intent to defraud can be identified from the portfolio of all current information.
f. that if required, Mindcloud may further process and use my private information to serve the overriding interest in disclosing abuse of the GINNN marketplace and for the purpose of prosecution even beyond the term of use, and may transmit such information to legal authorities and injured third parties in the event that actual evidence of abuse of the GINNN platform exists and can be documented, in particular that of entry of illegal offers.
g. and acknowledge that any use of the platform under a pseudonym or anonymously is not reasonable
and would not achieve the purpose of the platform. Notwithstanding this, I would like to become a user.
This consent is saved on every page of the GINNN website under the Terms & Conditions link
and may be revoked at any time in writing by means of an e-mail to support@ginnn.com, indicating username and password.
7. Final provisions
7.1. Spoken subsidiary agreements do not exist.
7.2. Mindcloud reserves the right to change these Terms & Conditions at any time and
without giving reason.
7.3. Mindcloud is entitled to transfer its rights and obligations arising from this agreement
in whole or in part to a third party.
7.4. All statements transmitted within the scope of the user agreement to be made with Mindcloud
must be made in writing or by e-mail. The e-mail address of Mindcloud is support@ginnn.com. The postal address of Mindcloud
is Mindcloud, Tregenna, Plough Lane, Chester CH3 7PT, UK,. The postal address as well as the e-mail address of a user are those provided by the latter as the current contact information in the user's user account. Mindcloud reserves the right to change its own e-mail address listed above as it sees fit. In this case, Mindcloud shall advise the user of the change in the e-mail address.
7.5. In the event that individual provisions of agreements are or become invalid, the validity of the remaining terms shall remain unaffected. The parties agree to fill ensuing the gap with a reasonable, valid provision which in its regulatory content comes as close as possible to the commercial intent of the invalid provision and of the agreement as initially pursued by the parties.
7.6. Place of performance is the registered office of Mindcloud. Sole jurisdiction for disputes arising between the parties from the contractual relationship is Chester, UK, to the extent that the user is a businessman, public legal entity or public special fund. Governing law is the law of England and Wales, to the exclusion of the UN Sales Convention and of private international law.
Chester, 02 October 2007