These terms and conditions (hereinafter, the "Agreement") govern the access to, use of, and being part of, the OpenAxel Community accessible through the Internet web site
www.openaxel.com (hereinafter, the "Portal") and services related thereto provided by, and/or coordinated through, Econet s.l. (hereinafter, "FundingBox"). Individuals and
legal entities registering with the Portal (hereinafter, "Users") hereby accept, without any reservations, each and every one of the terms and conditions of this OPENAXEL USER
AGREEMENT, as published by FundingBox from time to time (including without, those accessible at the last moment the User logs-in to the Portal). The use of the Portal may also
be subject to any and all additional warnings, regulations or instructions brought to the User's knowledge by FundingBox, which shall complete the provisions set forth herein.
into this Agreement and which are accessible at the bottom of each page of this Portal.
FundingBox provides access to the Portal, acting as an online platform where Information, Communications and Technology (“ICT”) entrepreneurs, accelerators, investors,
mentors, top levels companies, public bodies, European Commission initiatives, academic institutions and other interested parties, can interconnect and seek out startup
competitions belonging to the project “OPENAXEL” founded and promoted by the European Commission together with the following founding entities: Wayra Investigación y
Desarrollo, S.L.U.; ECONET CONSULTANTS; Entrepreneur Capital S.L; DIGITALEUROPE AISBL; Accelerace Management A/S; AALTO-KORKEAKOULUSAATIO; Informatikai, Távközlési és
Elektronikai Vállalkozások Szövetsége and FundingBox Accelerator sp.z.o.o.
The Portal may offer information, tools, functionalities, services, expertise, connections, documents, and any other relevant elements to the Users (hereinafter, the
FundingBox reserves the right to unilaterally modify, at any time and without prior warning, the presentation and configuration of the Portal, as well as this Agreement.
Any updates to the Portal and this Agreement shall become effective as soon as they have been posted on the Portal. The User must review this Agreement, as posted on the
Portal, on a regular basis to keep itself informed of any modifications. User can find the most recent version of this Agreement at the bottom of the Portal.
3. CONDITIONS TO ACCESS AND TO USE THE PORTAL
3.1. Registration, free nature of the access and use of the Portal.
FundingBox offers access to the Portal free of any charge, but requires registration by Users prior to its use thereof. FundingBox also offers Users the option to register and
sign-in with the Portal using their own LinkedIn account.
3.2. Obligation to use the Portal and the Services correctly
The User undertakes to use the Portal and the Services in accordance with the law, this Agreement and with generally accepted ethics, proper conduct and public order. The User
agrees not to use the Portal or the Services for purposes that are illegal, prohibited by these Conditions, that infringe the rights and interests of third parties or that in
any way may damage, render useless, overload or deteriorate the Portal and the Services, or prevent the normal use or enjoyment of said Portal and Services by other Users.
3.3. Content posted on the Portal
3.3.1 Origin of the Content
Users will have access to information, messages, graphics, drawings, images, sound files, and, in general, any type of material posted on the Portal by any other User
(hereinafter, the “Content”).
3.3.2. Correct use of the Content
The User undertakes to use the Content diligently, correctly and in a legal manner and, in particular, undertakes to abstain from (a) using the Content for purposes that are
in violation of the law, of generally accepted ethics and proper conduct and public order; (b) reproducing or copying, distributing, permitting access to the public by any
means of public communication, transforming or modifying the Content, unless granted the authorization to do so by the relevant rightholder or otherwise in compliance with
applicable laws; and (c) deleting, avoiding or manipulating the "copyright" and other identifying data as to the rights held by FundingBox or other titleholders incorporated
into the Content, as well as any technical protection, digital fingerprints or any other elements legally incorporated into the Content.
3.3.3. Prohibited Content
The User agrees not to post, email, or otherwise make available on or through the Portal any Content: a) that is unlawful, harmful, threatening, abusive, harassing,
defamatory, or libelous; b) that impersonates any person or entity, or falsely states or otherwise misrepresents the User’s affiliation with a person or entity; c) that
includes personal or identifying information about another person without that person's explicit consent; d) that is false, deceptive, misleading, or deceitful; e) that
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that the user does not have a right to make available under law or
contract; f) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; or g) that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that
otherwise negatively affects other users' ability to use the Service.
FundingBox has, at its sole discretion, the right (but not the obligation) to delete or deactivate the User’s account, block the User’s email or IP address, or otherwise
terminate the User’s access to or use of the Service, immediately and without notice, and remove and discard any content within the Portal, if FundingBox believes that the User
has breached the Conditions or committed a criminal offense.
3.3.4. Rights on Content posted on the Portal
The User retains copyright and any other intellectual property rights that the User may hold on Content which he/she posts on the Portal. By posting Content the User grants to
FundingBox a perpetual, worldwide, royalty-free, and non-exclusive license to use, copy, modify, publish, publicly display, and distribute any Content, which the User posts on
or through the Portal (hereinafter the “License”). The User agrees that this License includes a right for FundingBox to make such Content available to other companies,
organizations or individuals on or through the Portal or their respective relevant portals. By posting any Content on the Portal, the User represents and warrants that he/ she
has the rights, powers and authority necessary to do so, and to grant the above License.
3.4. Liability for damages
The User will be liable for the damages and losses of any kind that FundingBox or any other related third parties suffers, directly or indirectly, as a result of any breach of
this Agreement by User or applicable laws in respect of its use of the Portal.
4. PERSONAL DATA
In order to access the Portal and some of the Services, Users must provide certain personal data (hereinafter, the "Personal Data") when registering therein. FundingBox will
references that allow the deduction of the name and surname thereof. The FundingBox cookies cannot read data from the hard disk or cookie files created by other suppliers.
have registered for the first time, without them Users would have to register on each attempt to access the areas and services that are close and reserved exclusively for
registered Users. Any User has the option of configuring his/her browser to warn of the receipt of cookies and prevent the installation thereof on his/her hard disk.
6. USE OF THE PORTAL, OF THE SERVICE AND THE CONTENT ARE THE EXCLUSIVE RESPONSIBILITY OF THE USER
The User acknowledges and voluntarily accepts that the use of the Portal, the Services and the Content shall be, in any event, its sole and exclusive responsibility. The
Portal and the Service may link the User or provide the User with access to other Users of the Service and their Content. The User’s interactions with organizations and/or
individuals found on or through the Portal (i.e. other Users) are solely between the User and such organizations and/or individuals. The User understands that all information
which may be accessible as part of, or through the User’s use of, the Service are the sole responsibility of the person from which such Content is originated. The User should
make appropriate investigation before proceeding with any online or offline engagement and transaction with other Users of the Service. FundingBox does not pre-screen or
approve, and is not responsible for Content made available through the Portal by the Users of the Service. The User agrees that FundingBox shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between the Users of the Service, FundingBox is under no obligation to
become involved. In the event that the User has a dispute with one or more other Users, the User hereby releases FundingBox, its officers, employees, agents and successors in
rights, from claims, demands and damages (direct or indirect, actual and consequential) of every kind or nature, arising out of or in any way related to such disputes and / or
the use of Service.
7. EXCLUSION OF GUARANTEES AND LIABILITY
UNDER NO CIRCUMSTANCES SHALL FUNDINGBOX BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY ASPECT OF THE USER’S USE OF THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INFORMATION OR ADVICE, OR OTHER SERVICES OR PRODUCTS, RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8. TERM AND TERMINATION
Initially, the provision of the Portal and other Services shall have an indefinite term. However, FundingBox is entitled to terminate or suspend the provision of the Portal
and/or any of the other Services at any time. When reasonably possible, FundingBox will issue prior notice as to the termination or suspension of the provision of the Portal
and/or any Service.
9. APPLICABLE LAW AND JURISDICTION
This Agreement and the relationship between the User and FundingBox shall be governed by the laws of Spain without regard to this conflict of laws provisions. Each party
hereby consents that any disputes concerning the Portal, the Service and the present Conditions shall be submitted to the exclusive jurisdiction of the District Court in
ECONET S.L. (hereinafter, "FundingBox") is committed to protecting the privacy of all users (the "User/s") of the web site www.openaxel.com ("Portal") abiding the current Spanish legislation on matters of personal data protection, users’ privacy and the secrecy and security of personal data, as provided on Organic Law 15/1999, of 13 December, governing Personal Data Protection and in Royal Decree 1720/2007, of 21 December, which approve the Regulations that develop Organic Law 15/1999 (hereinafter, “Privacy Laws”), by adopting the necessary technical and organizational measures to avoid the loss, misuse, alteration, unauthorized access or theft of the personal data provided, taking into account the state of the technology used, the nature of the data and the risks to which it is exposed.
FundingBox informs that Personal Data can only be obtained for processing if they are appropriate, pertinent, and not excessive for the determined purpose, explicit and legitimate, for which they were obtained, in accordance with the object of the Portal. They will be cancelled if they are no longer necessary or pertinent for these purposes, or when their owner requests them to be cancelled. All Personal Data will be gathered by electronic means and automatically processed and stored in FundingBox's user database (the "Files").
User hereby acknowledges and agrees that the Portal intends to create a community of Users interested and/or involved in technology entrepreneurship and accepts that specific information (including without limitation Personal Data) of User, as identified by FundingBox, may be accessible to other members of such community of registered Users of the Portal.
Moreover, the User hereby further acknowledges and agrees that its information (including without limitation Personal Data) may be shared with the following legal entities (including entities of their own corporate group), who support the Portal in addition to FundingBox: Wayra Investigación y Desarrollo, S.L.U, with offices at Ronda de la Comunicación s/n Edificio Oeste 3, 28050 Madrid (Spain); FundingBox Accelerator sp. z o.o., ul. Niemcewicza 26 lok. U8, 02-306 Warsaw, (Poland); Entrepreneur Capital S.L with offices at GRAN VÍA 16, 5oIZQ 28013-Madrid (Spain); DIGITALEUROPE AISBL, with offices at Rue de la Science 14 1040 Brussels (Belgium); Accelerace Management A/S, with offices at Fruebjergvej - 3,2100-Kobenhaven (Denmark); AALTO-KORKEAKOULUSAATIO, with offices at Metallimiehenkuja 10, P.O.Box 17600, FI-00076 Aalto, (Finland); Informatikai, Távközlési és Elektronikai Vállalkozások Szövetsége, with offices at Vérmező út 4. 1012 Budapest (Hungary).
User commits to only provide appropriate, true, complete and updated information (including without limitation Personal Data) to the Portal and FundingBox. Thus, FundingBox hereby disclaims any liability for processing and storage of false, inaccurate, incomplete or outdated information submitted by User to the Portal and/or FundingBox.
Registration Details: Registered in the Commercial Registry of Madrid at page M- 30394.
1. The intellectual property rights of the www.openaxel.com web site (the “Portal”), its source code, design, navigational layout, data bases and various items of content are
owned by, or have been legally licensed to, FundingBox which has the rights to use these in any way it deems appropriate, and, in particular, rights of reproduction,
distribution, public communication and transformation.
2. FundingBox reserves the right, at any time and without prior warning, to alter and update the information contained in the Portal, the configuration and presentation of the
Portal, and the access conditions in accordance with the terms and conditions of the Portal.
3. FundingBox informs Internet users that to access the Portal community users need to become registered users (“Users”) of the Portal and accept its general terms and
4. FundingBox cannot guarantee that there will be no interruptions or errors in access to the Portal or in its content. Notwithstanding the above, as soon as reasonably
possible, it will strive to prevent and remedy any such interruptions and errors and to update content, if necessary.
5. The access to the Portal and the use made of the information contained therein is the exclusive responsibility of the User. FundingBox shall not be responsible for any
consequence, damage or injury that may result from access or use of the information. FundingBox shall not be responsible for any possible security errors which may occur nor
for any possible damage to the user's computer system (hardware and software), or to the files or documents stored therein, caused by the presence of a virus in the computer
used by the user to connect to the web site's services and content, by the malfunctioning of the browser or by the use of out-of-date versions of the said browser.
6. FundingBox does not pre-screen or approve, and is not responsible for, content made available through the Portal by the users of the service. FundingBox assumes no
responsibility whatsoever in respect of connection to or the content posted by Users on the Portal, nor does it guarantee the absence of viruses or other elements in said posts
which may cause alterations to the User's computer system (hardware and software), documents or files, including responsibility for any damages of any kind caused to the User
for this or no reason.
7. Unless prohibited by applicable other laws, this Legal Notice shall be governed by the laws of Spain. FundingBox and User expressly waive their right of recourse to any
other jurisdiction, and hereby submit to the jurisdiction of the Courts of Madrid, spain for the resolution of any dispute that may arise in relation with access to the Portal.
This means that most of www.openaxel.com is working fine. But like every new Web app, there are some rough edges that we may have missed through even the most rigorous checking. And when thousands of people like you use the site, you’re likely to find them.
How can I help?
Please help us make www.openaxel.com work great for everyone. If anything weird happens please give us some feedback to firstname.lastname@example.org so we can check it out and polish it up.