The following terms and conditions (the "Terms of Use") apply to the use and utilization of the services and functions offered and provided by STATE Experience Science GmbH (hereinafter referred to as "STATE" or "we" or "us") within the framework of and in connection with the digital platform "Futures Canvas" (hereinafter referred to as the "Platform"). The Platform and the services and functions offered and provided by STATE within the framework of and in connection with the Platform are hereinafter collectively referred to as the "Offer".
The Terms of Use apply to every user of the Offer and thus equally to those who use it as customers of STATE to conduct future design competitions (hereinafter referred to as "Customers") and to those who use it as participants in the competitions held on or via the Platform (hereinafter referred to as "Participants"). Both customers and participants are hereinafter collectively referred to as "users" (whereby the generic masculine is used in this respect for the sake of simplicity, in particular for the sake of better readability, but which therefore always refers to all genders as far as natural persons are concerned).
In the event of a breach of these Terms of Use, we are entitled, in addition to the rights to which we are entitled in such cases by law - as well as in relation to the customers, if applicable, on the basis of our General Terms and Conditions - to exclude the users concerned from further use of the offer, in particular by blocking the customer account that may have been set up for them or the contributions and/or ratings submitted by them, or to terminate any contract underlying the use by the user concerned or their access to the offer as a whole extraordinarily.
1. Registration as a customer
a. When registering for the offer as a customer and participating in a competition, all data and information requested as required must be provided completely, truthfully and correctly.
b. Multiple registration of a customer, i.e. several parallel registrations of the same person, is generally excluded.
c. The contract-relevant data and information created in the customer account on the basis of the information provided by the customer must always be kept up to date.
2. Use
a. Users may only use the service for its intended purpose - the implementation of future design competitions and participation in such competitions in accordance with the rules. Any (legal) misuse in any form is not permitted.
In particular, users are therefore prohibited from using the offer or its use to
- defamatory, insulting or libellous, pornographic, violence-glorifying, abusive, immoral, fraudulent or contrary to the legal protection of minors or data protection or to use, advertise, offer or distribute or make accessible content, products or services of this kind;
- to use, make available or distribute contributions, content, services or products that are protected by law or to which third parties are entitled without the necessary authorization;
- harass, insult or defame other users;
- carry out or promote anti-competitive activities.
b. Furthermore, users are prohibited from taking any actions that are likely to impair or excessively burden the functionality of the platform and the offer, in particular through deliberately false, misleading or (otherwise) manipulative contributions and evaluations by participants or corresponding edits of participant contributions by customers or by blocking, overwriting, modifying or copying the technology and software used for the offer, unless this is necessary for the intended and dutiful use of the offer.
c. Insofar as such is not provided for within the scope of the intended and dutiful use of the offer or is carried out with the consent of STATE, users are prohibited from distributing, making accessible and publicly reproducing the contents of the offer to third parties.
4. Processing of user data
Detailed information on which user data is processed by us, how and to what extent, and which rights the persons concerned are entitled to in this respect, can be found in the current version of STATE's data protection information.
5. Authorization to use and evaluate the contributions of participants
a. The respective organizers of the future design competitions - these can be customers as well as STATE - are entitled to use and evaluate the contributions that the participants submit to the competitions via the platform in connection with the respective competition without restriction in terms of content, time and space, irrespective of any copyright or personal rights and interests of the participants that are indispensable by law in this regard. If entries are used outside the competition page on the platform, they will be anonymized if they have been submitted with the name and/or email address of the participant(s).
b. The results of the competitions can be analyzed, used and evaluated by their respective organizers without restriction. Furthermore, STATE is entitled to use and evaluate the results of the competitions that are carried out by customers publicly, i.e. without access restrictions, anonymously and without restriction.
6. Responsibility, liability, indemnification
a. Customers are solely responsible for ensuring that their handling of the content, information and data obtained by using the service does not infringe the rights of participants or third parties or (otherwise) violate applicable law.
b. Users must indemnify and hold us harmless from all claims that other users or third parties assert against STATE due to a violation of rights through behavior for which they are responsible, in particular misuse of the offer or improper or illegal use of the content, data and information obtained in the course of this or (other) violation of these terms of use. The obligation to indemnify also includes the reimbursement of necessary legal defense costs.
In the event of such a claim by other users or third parties, the user concerned is also obliged to provide us immediately, truthfully and completely with all information that is useful for the examination of the asserted claims and a defense against them.
7. Validity, amendments
The Terms of Use shall apply in the version that is current at the time of participation in a Challenge in the case of participants or, in the case of customers, at the time they make a booking. We may amend the Terms of Use at any time with effect for the future. Amended versions of the Terms of Use shall apply to customers who were already registered as customers at the time of their introduction from the time at which they were informed of the amendment to the Terms of Use by us via a contact option stored in their customer account.
Status: November 2023