General Terms and Conditions
These General Terms and Conditions ("Terms"), govern your use of the services, information, tools, resources and content (collectively, the "Services") provided by The Engagement Company, including (i) the The Engagement Companies Web Sites (the "Sites"), (ii) all content, resources and tools offered at the Sites, (iii) other services provided by The Engagement Company, including publications and (iv) any and all educational events, forums, conferences and networking events, whether online or in person. In these Terms, “you” or the “User” refers to any person using the Services.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by The Engagement Company in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that The Engagement Company will treat your use of the Services as acceptance of the Terms from that point onwards.
By accessing or using the Sites, you agree to be bound by these Terms and by any amendments in effect at the time of your visit. The Engagement Company may amend the Terms at any time by posting the amended Terms on the Sites. They will automatically be effective after they are posted on the Sites. To the extent that you have used the Services prior to any amendment to the Terms, the Terms in effect at the time that you used the relevant Services will continue to be in effect solely with respect to your prior use of those Services. You understand and agree that if you use the Services after the date on which the Terms have changed, The Engagement Company will treat your use as acceptance of the updated Terms.
All information presented at The Engagement Company events, forums or on the Sites, including all articles, information, text, graphics, images, webcasts, hyperlinks, statements, blogs, list-serves, chat, bulletin boards, and other materials either provided by The Engagement Company, or by others, including Community Services (defined below) (the "Content"), is presented as a general service.
The Engagement Company is not responsible for Content posted, presented by or made by any speaker, advisor, contributor, or author of information or Content. Statements or opinions expressed reflect the view of the speaker(s), advisor(s), contributor(s) or author(s) and do not necessarily represent official policy of The Engagement Company unless so stated. We classify the Content as “General Content”, meaning articles and general information about The Engagement Company and the awareness-based change agent community, and “Advisor Submissions”, as defined below, which are submissions to forums, and other user submitted content.
You may use General Content made available by The Engagement Company on the Sites, provided that you (1) do not remove any branding elements or proprietary rights notice language in all copies of such documents, and (2) observe all conditions stipulated by the creator of such General Content. You may also distribute the General Content freely provided that (a) all copies of the General Content distributed display a clear attribution notice showing The Engagement Company (and the creator of the General Content, if not The Engagement Company) as the owner and/or source of the General Content, and listing the domain name of the Sites from which you obtained the General Content (i.e. theengagementcompany.co); (b) you do not make any representations or warranties relating to such General Content; (c) you do not remove any proprietary rights notice language in such copies and (d) you indemnify The Engagement Company against any liability arising from use of such General Content.
Innovation Panel Services
The Innovation Panel consists of “Trusted Advisors” (“Advisors”). The Advisors are a diverse and dynamically changing circle of invited people. Together they form the “Innovation Panel.” They are representing their own opinions and not those of the institutions they currently work for. Neither does The Engagement Company represent their opinion nor do the Advisors or anyone else listed on this website (including those listed under “Our Leadership”), other than Christoph Hinske, speak in the name of The Engagement Company.
Advisors and former Clients have access to certain services, such as on-line / offline seminars, workshops and labs, that are made available by The Engagement Company, former Clients or Advisors in the on-line or offline Innovation Panels or obtained from vendors or strategic partners ("Third Party Providers"). These services, whether made available through a Third Party Provider or another Client or Advisors, of the Sites shall be referred to as "Innovation Panel Services." If not otherwise indicated, The Engagement Company does not endorse nor approve the Innovation Panel Services, and we make them available to you as a service and convenience. The Engagement Company and our Third Party Providers do not: (1) guarantee the accuracy, timeliness, or completeness of the Innovation Panel Services; or (2) warrant any results from your use or reliance on the Innovation Panel Services. Neither The Engagement Company nor the Third Party Providers are obligated to update or to verify the truth and accuracy of any information or opinions presented as part of any Innovation Panel Services. You agree that neither The Engagement Company nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Innovation Panel Services.
Links to Other Sites
The Sites may contain links to or framed content from other sites, which are provided solely as a convenience to you. The Engagement Company is not responsible for the availability of external sites, framed content or resources linked to the Sites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
Security of Data Transmission and Storage
Electronic communications through the Sites or using The Engagement Company Services may not be secure. You acknowledge that there is a risk that data, personal information, Submissions, Innovation Panel Services, including e-mail, communications and personal data, may be accessed by unauthorised third parties when communicated between you and The Engagement Company or between you and other parties.
Disclaimer of Warranties
The Sites and the Content are provided on an "AS IS" and "AS AVAILABLE" basis. USE OF THE SITES OR THEIR CONTENT AND ANY RELIANCE ON THEM WILL BE AT YOUR OWN RISK. THE ENGAGEMENT COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, IN WRITING OR ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF THE SITES OR OF ANY CONTENT PROVIDED THROUGH THE SITES.
Disclaimer of Liabilities
THE ENGAGEMENT COMPANY SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY AS A MATTER OF PRODUCTS LIABILITY, NEGLIGENCE, CONTRACT, TORT OR OTHERWISE, OR FROM ANY USE OF OPERATION OF ANY METHODS, PRODUCTS, INSTRUCTIONS OR IDEAS CONTAINED IN THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE ENGAGEMENT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITES, THE CONTENT OR ANY OF THE OTHER MATERIALS PROVIDED BY THE ENGAGEMENT COMPANY OR THIRD PARTIES THROUGH THE SITES, OR ANY DAMAGE OR LOSS CAUSED BY INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE OF THE SITES, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE ENGAGEMENT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Sole and Exclusive Remedies
Your sole and exclusive remedy, and The Engagement Companies sole and exclusive liability, for any and all claims arising from The Engagement Companie’s supply of the Sites, the Innovation Panel Services, or any other goods or services to you, including without limitation any goods or services for which you have paid The Engagement Company a fee, shall be as follows: (a) if there is any material defect in any goods or services supplied to you, and you provide The Engagement Company with written notice of such defect within thirty (30) days after receipt of such goods or services, at its option, The Engagement Company will repair or replace the goods, or re-supply the services, or refund the price paid by you; and (b) in no event shall The Engagement Companies liability to you for any goods or services exceed the amount you paid The Engagement Company for such goods or services.
You hereby agree to indemnify, defend and hold The Engagement Company harmless from and against any and all losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by The Engagement Company in connection with any claim or allegation made against The Engagement Company arising from your use of the Sites, Content, or Services.
Intellectual Property Rights in Content
The Sites and Content are protected by copyright as a collective work and/or compilation, and as individual works, as the case may be, pursuant to The Dutch Copyright Act (Auteurswet). Except as set forth in these Terms, on the Sites or on any individual article, contribution and/or submission, Content on this Site is made available under a Creative Commons 3 License. Attribution 3.0 Unported (CC BY 3).
You acknowledge that the Content and Innovation Panel Services may contain information, communications, photos, text, video, graphics, music, sounds, images, and other materials, which are provided by The Engagement Company or by Advisors, contributors or licensors of The Engagement Company. You agree and acknowledge that the Content, Innovation Panel Services, and its use or the use of the Sites is protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws.
Digital Copyright Compliance Policy
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on the Sites, you may notify us by sending the following information to the address listed below:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other right being infringed;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the Sites;
A statement by you that you have a good faith belief that the use of the materials on the Sites of which you are complaining is not authorized by the copyright owner, its agent or the law; and
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification via this form.
We will process and investigate all notices of alleged infringement, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we may reinstate the material in question, and we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to clarification before we replace or restore access to any materials. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you contact an attorney before providing a counter-notification.
Amendments to Services and Termination
The Engagement Company reserves the right to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice. You agree that The Engagement Company, in its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or Content within a Service.
The Engagement Company reserves the right to amend these Terms from time to time. These Terms are governed by the laws of the European Union and the Kingdom of The Netherlands without reference to any conflict of law principles. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity of any remaining provisions. In these Terms, the term ‘including’ means ‘including without limitation’.
Except as otherwise expressly provided for in these Terms, these Terms set forth the entire agreement between you and The Engagement Company regarding the subject matter of these Terms, and supersede all prior promises, agreements or representations, whether written or oral regarding such subject matter.
Unless otherwise specified, all Content on this Site is made available under a Creative Commons 3 License. Attribution 3.0 Unported (CC BY 3)
Inspired by; the Presencing Institute - Otto Scharmer, https://www.presencing.org/#/policies/terms