Terms and Conditions: Redefining Flexible Films, an RCD Innovation Workshop
1. Modification of TOU
RCD reserves the right to change or modify any of the terms and conditions contained in the TOU at any time and in its discretion. If RCD changes or modifies this TOU, RCD will post the changes to this TOU on the Site and will indicate at the top of this page the date this TOU was last revised. We may also choose to notify you of any material changes or modifications to the TOU through your email address that you have used to register on the Site. Any changes or modifications will be effective immediately upon posting of the revisions to the Site. Your continued use of the Site following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to this TOU and to review such changes. If you do not agree to the amended TOU, please discontinue using the Site. Because our services are evolving over time, we may change or discontinue all or any part of the services, at any time and without notice, at our sole discretion.
Children (persons under the age of 13) are not eligible to use the Site in any way. You may use the Site only if you are over 18 years of age, an emancipated minor, or if you possess legal parental or guardian consent, are fully capable of forming a binding contract with RCD, and are not barred from using the Site under applicable law. If you are between the ages of 14 and 18, you may only use the Site in conjunction with and under the supervision of your parents or legal guardians. Users may not submit any information about or identifying children in any way, and RCD has the right to discontinue access to the Site in the event a user does so. In any case, you affirm that you are over the age of 13. If you are under 13 years of age, do not use the Site. If RCD learns that you are under 13 and your personally identifiable information has been collected, then we will delete your account and all personal information associated with it.
3. User Contributions
Upon registering on the Site, you may collaborate with other Users in the online innovation workshop focused on developing new zero-waste solutions for flexible film packaging in the food and beverage industry. The Site permits you to upload or otherwise submit your own content, research, evaluation idea, expression of ideas or comments, and any and all other participation in the workshop and activity on the Site (your “Contribution(s)”).
Your Contributions to RCD on the Site are entirely voluntary, non-confidential and non-proprietary, and provided gratuitously. You grant to RCD, Lean Methods Group (a Colorado limited liability company), One Step Closer 2 (OSC2) and any Sponsors, as defined below (collectively “Designees”), and to other Users an unrestricted, perpetual, irrevocable, sub-licensable, non-exclusive fully-paid up and royalty-free worldwide license to use any Contributions, and any derivatives thereof, without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.
The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Contribution or parts thereof, and all rights therein, in the name of RCD, or its Designees, worldwide in perpetuity in any and all media now or hereafter known.
You represent and warrant that you are the owner of all Contributions and have all legal right and authority to grant RCD and its Designees the license and rights set forth herein. All necessary licenses, permissions, releases and consents required (including without limitation, privacy releases and/or publicity releases necessary for Contributions depicting people, products, businesses, or other content) have been obtained for you to grant the licenses contained herein.
Your Contribution represents your own original work, you have all necessary rights to disclose your Contribution to RCD and Designees and in doing so RCD’s or Designees’ review and/or use of your Contribution, will not infringe upon any other individual’s or entity’s rights.
You understand that disclosure of your Contribution to RCD or a Sponsor does not establish a confidential relationship or obligate RCD or its Designee to treat your Contribution (or any related content) as secret or confidential.
You understand that RCD or a Designee has no obligation, either express or implied, to develop or use your Contribution. You understand that RCD and its Designees assume no obligation with respect to any Contribution.
You acknowledge that RCD or a Designee, directly or indirectly, may be working on the same Contribution or a similar Contribution to your Contribution, or already know of such Contribution from other sources. You also understand that other Users may be working on the same or a similar Contribution.
You agree that (except to the extent that these terms are superseded by a separate agreement in writing by you and RCD or a Designee) you hereby irrevocably release and forever discharge RCD and its Designees from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against RCD and a Designees and their affiliates and subsidiaries or their respective successors and assigns with respect to your Contribution, including without limitation in respect of how RCD or a Sponsor directly or indirectly use your Contribution.
In operating the Site, RCD may act as a “services provider” as defined by the Digital Millennium Copyright Act (DMCA), and offer services as online provider of Materials (as defined herein) and links to third-party websites. RCD’s procedures with respect to the DMCA Procedure and alleged copyright infringement can be reviewed below and you agree to comply with RCD’s requirements with this respect.
If you are viewing the Site on a public computer or are otherwise using a computer to which multiple people have potential access, you agree to follow good practice and ensure that you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Contributions.
You agree that RCD and its Designees shall not be responsible for any fees that are or become payable as a result of the copying, distribution or display of the Contributions, including without limitation fees: (i) for any images or video recording embodied in the Contributions; (ii) for any composition or underlying works embodied in any Contributions; or (iii) to any actor, model, writer, creator, composer, artist or artist affiliated entity.
RCD retains the right to review, edit or delete from the Site any Contribution that RCD, in its sole discretion or in consultation with a Designee, considers illegal, offensive or otherwise inappropriate.
You acknowledge and declare that you have read and fully understand this TOU and appreciate the nature, extent and consequences of this TOU, and the submission of your Contribution(s) on the Site is entirely voluntary.
“Sponsors” are firms that have provided financial and in-kind support to RCD in connection with the Site and the innovation workshop.
5. Innovation Workshop
The Site and the online and in-person innovation workshop will be moderated, administered and managed by RCD together with Lean Methods Group. The innovation workshop is further governed by Participant Expectations and Rules (the “Workshop Rules”) which, in the event of conflict, this TOU shall have precedence.
No compensation is due to you or anyone else for any use, inadvertent, intentional or otherwise, of your Contribution or Contributions or other works derived from your Contribution.
6. Grant and Restrictions on Use
The Site is licensed and operated by RCD. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by RCD (the “Materials”) are protected by copyright, trade dress, author’s rights, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Contributions and content submitted by you and other Users, all Materials contained on the Site are the copyrighted property of RCD, Lean Methods Group or their respective subsidiaries or affiliated companies, or third-party licensors. All trademarks, service marks, and trade names are proprietary to RCD, Lean Methods Group, or their respective affiliates or Sponsors and/or third-party licensors.
RCD grants you a non-exclusive, revocable right to use the Site for its intended purpose provided that you do not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
RCD hereby grants you a limited license to use the Site and Materials provided by RCD and its Designees on this Site, solely for your personal, non-commercial use, and to submit any Contribution or other content subject to this TOU. Nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to any intellectual property right.
Users are granted the use of Contributions as stated in the TOU, and the use of any content contained in the Contributions will be entirely at your own risk, for which neither RCD nor its Designees shall be liable. It shall be your own responsibility to ensure that any content from the Contribution you wish to use or develop is suitable for your specific requirements.
While RCD endeavors to ensure that this Site is available at all times, RCD and its Designees shall not be liable if, for any reason, this Site is unavailable at any time or for any period.
7. Communications with the Site Administrator
You will receive email messages (the “Notifications”) from the Site to the email address in your My Profile for the purpose of (i) informing you of your and other User’s activities relating to Challenges that you are following, and (ii) sending you an email informing you of new Challenges and other related matters. You can opt out of the former by sending at email to email@example.com.
8. Use Restrictions
By using the Site, you agree to the following:
You place no restrictions on your Contributions and grant permission to RCD and the Designees to process and evaluate your Contribution(s) along with other Users. You do not limit or in any way restrict RCD’s, its Designees or Users’ right to reproduce and/or publish your Contribution(s). You will not receive any payment or reward for your Contribution.
Not to copy video and photo files for purposes other than expressed in the TOU, and to treat audio, video and photo images as anonymous even if they contain names, identities or individuals that are identifiable.
9. Acceptable Use Policy
The Site enables you to submit, post, and share information and content with RCD, Designees and other Users, as further described hereunder. You must be a registered User to submit any Contributions to the Site.
If you are a User and want to submit a Contribution, it must be in accordance with this TOU and the Workshop Rules.
With the exception of first and last name and title of the User’s contact, it is not necessary for a User to disclose personally identifiable information publicly in order to fulfill the purpose of the Site.
Unless expressly authorized in the Workshop Rules or this TOU, you are prohibited from posting or transmitting any “sensitive” personally identifiable information over the Site, which may include, but not be limited to, any information about an individual that may relate to health or medical conditions, social security numbers or national identifiers, credit cards, bank accounts, other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.
You are also prohibited from:
· using the Site to send or post harassing, abusive, or threatening messages;
· transmitting through the Site any information, data, text, files, links, images, software, or other Materials that RCD considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our Users, partners, customers or suppliers and Designees;
· attempting to conceal or misrepresenting the identity of the sender, User or person submitting the information, or impersonate any individual (real names, email addresses and other information must be used);
· disrupting the normal flow of the Site, including participating in negative dialogue on the Site or otherwise act in a manner that negatively affects other Users; or posting any unsolicited chain letters, advertising, promotional content, contests, or any other commercial or non¬commercial solicitations;
· sending spam or other direct marketing communications or posting, transmitting or linking to unsolicited advertising, promotional content, or any other forms of solicitation or commercial content;
· intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site;
· posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming;
· posting Contributions or using the Site in such a way that damages the image or rights of RCD, Designees, other Users, and third parties, including posting Contributions that breach the copyright (or other proprietary rights) of third parties; and
· creating any frames at any other websites pertaining to any portion(s) of this Site.
· If you are using this Site on a public computer or are otherwise using a computer to which multiple people have potential access, you agree to follow good practice and ensure that you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Contributions.
· Although we are not obligated to monitor access to or use of the Site or to review any Contributions, we have the right to do so for the purpose of operating the Site, to ensure compliance with this TOU, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated to remove or disable access to any Contributions at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Contributions to be objectionable or in violation of this TOU. We have the right to investigate violations of this TOU or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.
10. Digital Millennium Copyright Act (“DMCA”) Procedure
Infringement Notification Procedures
It is RCD’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, RCD will promptly terminate without notice the accounts of Users that are determined by RCD to be “repeat infringers.” A repeat infringer is a User who has been notified by RCD of infringing activity violations more than twice and/or who has had a User submission removed from an RCD Site more than twice.
To file a copyright infringement notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the content. Providing URLs in the notice is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”).
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is (are) allegedly infringed by the aforementioned content.”).
To expedite our ability to process your request, such written notice should be sent to our designated copyright agent via email at firstname.lastname@example.org.
Other feedback, comments, requests for technical support or other communications may also be directed to RCD through email@example.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Please note that under Section 512(f) of the Copyright Act, any person who materially misrepresents that content or activity is infringing may be subject to liability for damages (including costs and attorneys’ fees). Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
The process for counter-notifications is governed by Section 512(g)(3) of the Digital Millennium Copyright Act. To file a counter notification with us, you will need to send a written communication that sets forth the items specified below (please consult your legal counsel or see Section 512(g)(3) of the Digital Millennium Copyright Act to confirm these requirements): A physical or electronic signature of the user.
· Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled. Providing the specific URL(s) of the content that RCD has removed or to which RCD has disabled access is the best way to help us locate content quickly.
· Your full name, address, telephone number, and email address, and the username of your RCD account.
· A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which RCD may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
· A statement under penalty of perjury that the subscriber has a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled (for example, “I swear, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled.").
Send the written communication to our designated copyright agent via email at firstname.lastname@example.org.
Please note that under Section 512(f) of the Copyright Act, any person who Materially misrepresents that content or activity was removed or disabled by mistake or misidentification may be subject to liability. Accordingly, if you are not sure whether certain content infringes the rights of others, we suggest you consult your legal counsel.
What happens next?
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content on RCD. If we receive such notification, we will be unable to restore the content. If we do not receive such notification, we may reinstate the content.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
11. Trademark Information
RCD and the RCD logo, Material Mindful and the Redefining Flexible Films logo, are the trademarks of RCD. All other trademarks, service marks, domain names, logos and company names referred to on the Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of RCD, Sponsors, Designees or other participating parties. RCD and the Sponsors claim rights associated with their unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on the Site may be trademarks of a Sponsor. You may not use any trademark, service mark, domain name, logo, or company name of RCD or Sponsor or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name.
12. Third Party Sites, Services and/or Resources
We may terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. You may request cancellation of your account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of the Site or your account, all provisions of this TOU which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Site, and any Materials and information on the Site may include technical inaccuracies or typographical errors. RCD may make changes or improvements at any time without notice. The Site, and Materials and information on this Site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, RCD provides the Site on the basis that RCD and its Designees exclude all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which, but for this TOU might have effect in relation to the Site.
Any information related to your use of the Site for illegal purposes will be provided to law enforcement authorities. Except as provided in this TOU, you shall have no remedy in respect of any untrue statement (whether written or oral) made to you upon which you rely in agreeing to this TOU (a “Misrepresentation”) and RCD shall have no liability to you other than pursuant to this TOU. Nothing in this TOU shall exclude or limit RCD’s liability for any intentional Misrepresentation.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT RCD DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, NOR DOES RCD MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. RCD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
To the maximum extent permitted by applicable law, RCD, Lean Methods Group, the Designees, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and the officers, directors, employees, shareholders or agents of RCD, Lean Methods Group and of the Designees exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise)) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the Site, any websites linked to the Site, the Materials or the material on such websites, including but not limited to loss or damage due to viruses that affect your computer equipment, devices, software, data or other property on account of your access to, use of or browsing the Site, uploading Contribution(s), downloading of any Material from the Site or any website linked to the Site, or accessing any website linked to the Site.
IN NO EVENT WILL RCD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE THOUSAND DOLLARS ($1,000.00).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RCD AND YOU.
Nothing in this TOU shall exclude or limit RCD’s or a Designee’s liability for (i) fraud or willful misconduct; (ii) death or personal injury caused by its negligence or gross negligence; or (iii) any liability which cannot be excluded or limited by law.
16. Governing Law and Jurisdiction
17. General Provisions
You may not assign or transfer this TOU, by operation of law or otherwise, without RCD’s prior written consent. Any attempt by you to assign or transfer this TOU, without such consent, will be null and of no effect. RCD may freely assign or transfer this TOU without restriction. Subject to the foregoing, this TOU will bind and inure to the benefit of the parties, their successors and permitted assigns.
You acknowledge and agree that each Designee is an intentional third-party beneficiary of this TOU with regard to the rights, but not the obligations, of RCD.
Any notices or other communications provided by RCD under this TOU, including those regarding modifications to this TOU, will be given: (i) by RCD via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
RCD’s failure to enforce any right or provision of this TOU will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RCD. Except as expressly set forth in this TOU, the exercise by either party of any of its remedies under this TOU will be without prejudice to its other remedies under this TOU or otherwise.
18. Contact Information
If you have any questions about this TOU, please contact us at firstname.lastname@example.org.