Terms and Conditions

These General Terms and Conditions of Use (the “Terms”) explain how you (“You”) may use our services and content offered free of charge on this website (“Website”). This Website is operated by AKQA Denmark A/S, Staunings Plads 3, 1st floor, 1607 Copenhagen V. (hereinafter referred to as "Us" or "We"). The Website is part of the art project “Earth Speakr”. The project enables kids to express their concerns about the health of the planet in a way that resonates with the decision makers of Europe. You may express your concerns via this Website by creating text and video messages in our app (“App”) (the “Creation” or the “Creations”).

Please visit our App Terms if you would like to learn more on Our App and how it works. On the Website, You may view, react to, and also share individual messages. Please take a few moments to read these Terms before using the Website. By accessing or using the Website, You acknowledge that You have read, understood and agree to be bound by these Terms. If You do not agree to these Terms, You should cease to access and use this Website immediately.

1. User Content
1.1. The creation and sharing of Creations is subject to our App Terms. Creations are hereinafter individually or collectively referred to as “User Content”. You are free to express Yourself as much as possible in creating User Content, however, there is certain User Content We will not allow on the Website. We have to impose restrictions on certain User Content which:
1.1.1. contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
1.1.2. contains personally identifiable information of others, unless the relevant data subject has consented;
1.1.3. is offensive, obscene, insensitive, upsetting, intended to disgust;
1.1.4. is defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
1.1.5. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
1.1.6. contains overtly sexual or pornographic material;
1.1.7. contains false information and features, including inaccurate device data or trick/joke functionality;
1.1.8. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
1.1.9. involves the transmission of "junk" mail or "spam";
1.1.10. contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
1.1.11. itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
1.1.12. shows another person which was created or distributed without that person’s consent.

We operate a zero-tolerance policy for this kind of User Content and We have the right to take it down as soon as we have become aware of it.
1.2. You are responsible and liable for Your User Content and You will indemnify, defend, release, and hold Us harmless from any claims made in connection with Your User Content.
1.3. If You do choose to reveal any (personal) information about Yourself, to us and to third parties, it is at Your own risk. We encourage You to use the same caution in disclosing details about Yourself to third parties online as You would under any other circumstances. Please see our Privacy Policy for details on how we process Personal Data.
1.4. Please be aware that Your User Content may be visible to other users of the Website and any visitor of the internet all around the world instantly - so make sure You are comfortable sharing Your Content before You post. As such, You agree that Your User Content may be viewed by other users and any person visiting, participating in or who is sent a link to the User Content or Website.
1.5. By uploading Your User Content, You represent and warrant to Us that You have all necessary rights and licenses to do so, and automatically grant Us a perpetual, exclusive, royalty-free, sub-licensable, worldwide license to use Your user Content in any way, in any exploitation form and in any media and medium currently known or developed in the future (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public, whether in whole or in part).
1.6. We have the right to remove, edit, limit or block access to any of Your User Content at any time, and We have no obligation to display or review Your User Content.

2. Our Content
2.1. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Website are owned, controlled or licensed by Us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our content remains with Us at all times.
2.2. We grant You a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our content, without the right to sublicense, under the following conditions:
2.2.1. You shall not use, sell, modify, or distribute Our content except as permitted by the functionality of the Website, if applicable;
2.2.2. You shall not create derivative works from Our content or commercially exploit Our content, in whole or in part, in any way; and
2.2.3. You shall use Our content for lawful purposes only.
2.3. We reserve all other rights.

3. Restrictions on the Website
3.1. You hereby undertake to:
3.1.1. comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws and regulatory requirements;
3.1.2. use the services in a manner that respects others and meets a high standard of behavior.
3.2. You undertake that You will not:
3.2.1. act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
3.2.2. misrepresent Your identity or affiliations with a person or entity;
3.2.3. disclose information that You do not have the consent to disclose;
3.3. Scraping or replicating any part of the Website without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless You have been specifically allowed to do so in a separate agreement with Us.

4. Data Protection and Privacy
For information about how We collect, use and share Your personal data, please check out our Privacy Policy.

5. Limitation of Liability
5.1. For services provided free of charge, We will be liable, regardless of the legal basis, exclusively for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for willful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.
5.2. We do not exclude or limit our liability to you in any way where it would be unlawful to do so,
5.3. Liability of our employees: To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees, agents or subcontractors.
5.4. Product liability: Claims under the German Product Liability Act or Your local product liability laws remain unaffected by the above-mentioned liability exclusions or limitations.

6. Removal of Infringing Content
6.1. Under §§ 8-10 German Telemedia Act (TMG) We are neither obliged to monitor User Content nor to investigate circumstances which suggest illegal activity. For this reason, We are unable to assume any guarantee for external contents.
6.2. If You believe any content infringes upon Your intellectual property rights, You may request removal of that material by submitting a written notification alleging such infringement ("Takedown Notice") including the following:
6.2.1. 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;
6.2.2. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
6.2.3. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
6.2.4. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6.2.5. A statement that the information in the notification is accurate and You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
6.3. Any Takedown Notices should be sent to: privacy@earthspeakr.art

7. Links to third-party Websites or Resources
7.1. The Website may contain links to third-party websites or resources. In such cases, You acknowledge and agree that We are not responsible or liable for:
7.1.1. the availability or accuracy of such websites or resources; or
7.1.2. the content, products, or services on or available from such websites or resources.
7.2. Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources. Framing, in-line linking or other methods of association with the Website are expressly prohibited without first obtaining our prior written approval.

8. Changes to these Terms We may revise these Terms from time to time. The most current version of these Terms will govern Your use of the Website. By continuing to access or use the Website after those changes become effective, You agree to be bound by the revised Terms.

9. Miscellaneous
9.1. These Terms constitute the whole agreement and understanding between You and Us and supersede any previous arrangement, understanding or agreement between You and Us relating to the subject matter of these Terms.
9.2. These Terms and all rights and obligations thereunder shall be exclusively governed and exclusively construed in accordance with the laws of the Federal Republic of Germany but without prejudice to the consumer protections afforded by Your local laws. You can bring legal proceedings in respect of these Terms and all rights and obligations thereunder only in the German courts, or instead in the courts in the jurisdiction where you live.
9.3. If any provision of these Terms should be or become wholly or partially void, ineffective or unenforceable, the validity, effectiveness and enforceability of the other provisions of these Terms shall not be affected thereby. Any such invalid, ineffective or unenforceable provision shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and purpose of the invalid, ineffective or unenforceable provision as regards subject-matter, extent, time, place and scope. The aforesaid shall apply mutatis mutandis to any gap in these Terms.
9.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10. Information about the Service Provider

AKQA Denmark A/S
Staunings Plads 3, 1st floor
1607 Copenhagen V.
Registered in Denmark

Legally represented by Managing Director, Steffen Blauenfeldt Otkjær
VAT number: 29203776

Version as of 2 July 2020.