Terms and conditions of CIR
In these General Terms and Conditions the following words have the meanings referred to below:
"Account" the account for User which is accessible on the Website using a login and password;
"CIR": Center for Idea Registration Ltd., address; Van Leeuwenhoeksingel 69, 2611 AE, Delft, The Netherlands, e-mail address firstname.lastname@example.org;
"Services": the Services described on the Website and/or in these Terms and Conditions;
"User": User of the Website and/or the Information; the party with whom CIR enters into an Agreement; an employee of, or a person who works in some other way for and is subject to the responsibility of User, who is registered as User of Services with User and CIR;
"Information" the Information made available by CIR to User on or via the Website, or within the framework of the Services;
"Agreement": the agreement between CIR and User on which grounds User is registered with the CIR and CIR supplies Services to said User;
"Terms and Conditions": the Terms and Conditions referred to below, comprising Part A (General), Part B (Terms and Conditions Governing User Management) and Part C (Terms and Conditions Governing online Services);
"Website": the Website of the CIR at www.idea-registration.com including the successive pages.
2.1 Part A (General) of the Terms and Conditions is applicable to the use of the Website and the Information. Part B of the Terms and Conditions (User Management) is applicable to the registration of User and the (establishment of the) Agreement. Other sections of the Terms and Conditions apply to the Agreement in so far as it relates to the specific Services described in those sections (and to those Services themselves).
2.2 CIR reserves the right to amend or supplement the Terms and Conditions (or individual parts thereof) at any time.
3. Use of Website and Services
3.1 CIR determines the Terms and Conditions governing the use of the Website and the Services. CIR cannot guarantee that the Website and the Services will function at all times without any limitations or malfunctions, partly due to essential maintenance and the dependency of the Website and the Services on Internet and technologies which are under development. CIRs aim is to resolve any malfunctions and restrictions as quickly as possible and to limit any disruption for Users to a minimum.
3.2 User is not permitted to initiate processes nor allow processes to continue to exist, of which User has a reasonable suspicion that these cause inconvenience to other Users of the Internet or have a detrimental effect on the use of the Website or the Services.
4.1 CIR is not liable for any damage resulting from or related to:
(i) the use of the Website or the use of electronic resources for communication with the Website or with third parties, including but not limited to damage resulting from non-supply or delay in the supply of electronic messages, the interception or manipulation of electronic messages by third parties or by software or equipment used for electronic communication and the transfer of viruses;
(ii) Information from User or from a third party.
4.2 User indemnifies CIR for claims against CIR from third parties which are related to Information from this User or any other use of the Website, the Information or the Services by User.
5. Links with other websites
6. Property rights
Unless indicated otherwise on the Website or in the Terms and Conditions, all rights, including copyrights and other intellectual property rights, relating to the Website and the Information rest with CIR. User may consult the Website and the Information and make copies thereof for User own use, for example by printing or saving. Any other use of the Website or the Information, for example the saving or reproducing of (part of) the Website in another Internet page or the inclusion of links, hyperlinks or deeplinks between the Website and any other Internet page, is not permitted without the explicit permission of CIR.
7.1 CIR collects personal data relating to User. CIR is the party responsible regarding the processing of that data.
7.2 The data which CIR collects is data such as name, address, postal code, place of residence and gender. CIR uses the data on behalf of the execution of agreements with User. The data is also used to maintain contacts with people who are registered with CIR (including User) and to inform said persons by e-mail of new developments relating to CIR or the Services or relating to (new) products or services which CIR provides.
7.3 User whose data is to be processed is entitled to request access to this data and, if the data is incorrect or incomplete, is entitled to have the data corrected or deleted. User can change User personal data in User Account.
8. Final stipulations
8.1 If the Terms and Conditions are or become partially invalid, the parties will still be bound by the remaining valid part. The parties will replace the invalid part with stipulations which are valid and whose legal effects, given the content and the purpose of the Terms and Conditions, correspond as much as possible with those of the invalid part.
8.2 The Terms and Conditions are subject exclusively to Dutch law. All disputes which arise in connection with the Terms and Conditions, including disputes over the existence and the validity thereof, will be settled by the competent court in The Hague.
B. TERMS AND CONDITIONS GOVERNING USER MANAGEMENT
The terms defined in this part B of the Terms and Conditions have the meanings attributed to the same terms in Part A.
2.1 Without prejudice to the applicability of Part A (General) of the Terms and Conditions, this part B (User Management) of the Terms and Conditions applies to the registration of User and the (establishment of the) Agreement.
2.2 In the event that the Agreement is terminated, the Terms and Conditions in this Part B (as a supplement to the Terms and Conditions in Part A) will continue to govern the relationships between CIR and the User in so far as this is necessary with regard to the settlement of the obligations outstanding at the time at which the Agreement is terminated.
2.3 CIR reserves the right to amend or supplement this Part B of the Terms and Conditions at any time. If possible, CIR will inform User about the changes or supplements to this Part B on the Website at least 30 days before they take effect. Changes or supplements will also apply to Agreements which exist at the time of the changes or supplements. If User has not terminated an Agreement before the changes or supplements take effect, the User will be regarded as having accepted the changed or supplemented Terms and Conditions.
3. Establishment, term and termination of the Agreement
3.1 An Agreement is established as follows:
(i) User requests Services on the Website;
(ii) User is asked to register on the Website in order to acquire access to the Services;
(iii) after User has complied with all the Terms and Conditions imposed by CIR, User will receive an e-mail as confirmation of the registration;
(iv) an Agreement is concluded at the moment on which the confirmation referred to under (iii) is sent.
3.2 An Agreement is entered into for an indefinite period of time. Both User and CIR can terminate the Agreement with immediate effect at any time and without having to state reasons (User can terminate the Agreement in its Account). The termination can apply to an Agreement as a whole or just its application to a certain category of Services.
3.3 Termination of (part of) the Agreement in accordance with Article 3.2 above does not prejudice the obligation to fulfil any outstanding obligations. CIR is not obliged to fulfil outstanding obligations if (i) User is in default regarding payment, or if User has (partially) failed to comply (properly) with one or more of its obligations vis-a-vis CIR, (ii) User uses the Website or a Service for a purpose other than for which the Website or the Service is intended or in a way which contradicts third party rights, or which is unlawful vis-a-vis third parties, (iii) User files for bankruptcy, is granted a suspension of payments, is placed under tutelage or under administration, or if it is plausible that User will not comply with any other of its obligations vis-a-vis CIR, or will not do so properly or in full.
3.4 Once an Agreement has been concluded, User will be entitled to dissolve the Agreement, free of charge, within 7 days of the date on which it was drawn up. User can dissolve the Agreement via its Account.
4. Obligations of User
4.1 User guarantees that the data issued to CIR within the framework of (entering into) an Agreement (including the registration) or the Services is correct, complete and up-to-date. CIR reserves the right to reject incomplete registration requests.
4.2 User must check the correctness and the completeness and its data regularly and supplement or change it itself in its Account.
4.3 On the basis of the data that User issues to CIR, User receives a login name and accompanying password. Passwords can be changed in the Account.
4.4 User's password is strictly personal and non-transferable. User must take good care of User password, keep it secret and save or store it in a safe place. User must immediately notify CIR of any loss, theft or (the suspicion of) abuse or improper use of a password by a third party. Until the time of the notification, User is liable for all damages resulting from use of the password.
5. Fee and payment
The fee payable to CIR within the framework of the Agreement and the Terms and Conditions relating to the payment of said fee are laid down in the Terms and Conditions which apply to the Service in question. User is not charged a fee simply for registering with CIR.
6.1 Without prejudice to the provisions of Article 4 of Part A of the Terms and Conditions, CIR is not liable for any damage resulting from, or related to:
(i) the refusal of a request by a User on the grounds of Article 4.1 of this part of the Terms and Conditions;
(ii) deficiencies on the part of CIR as a consequence of incorrect or incomplete data from the User;
(iii) information originating from the User.
6.2 User indemnifies CIR against claims from third parties which relate to information from User.
6.3 If it transpires that CIR has imputably failed in the fulfilment of its obligations vis-a-vis a User, it will only be liable vis-a-vis User for direct damage, which exclusively means the damage caused directly to items (which does not mean software or computer systems) of the User and costs for the restoration of data submitted to CIR. The above-mentioned liability is restricted to a maximum amount equal to the amount that CIR has received for supplying the Services in question. Direct damage does not cover any damage other than the above-mentioned damage. CIR is not liable in other way, on whatever account, for damage which User suffers through use of the Website or in connection with the Services.
6.4 None of the liability restrictions referred to in this article apply if and in so far as the damage is the consequence of intent or deliberate recklessness on the part of CIR.
7. Final stipulation
CIR is entitled to transfer rights and obligations on account of the Agreement (including the Terms and Conditions) to a third party, without permission from User. User is not entitled to transfer (any) rights and obligations pursuant to the Agreement (including the Terms and Conditions) to a third party without permission from CIR.
C. TERMS AND CONDITIONS GOVERNING ONLINE IDEA-REGISTRATIONS
In this Part C of the Terms and Conditions the following terms have the meanings referred to below:
"Online idea registration": the data in electronic form which a User submits or has submitted for storage by CIR;
"Online idea registration services": the Services with respect to an online idea registration described on the Website and/or in this part of the Terms and Conditions.
Other terms defined in this Part C of the Terms and Conditions have the meanings attributed to the same terms in Part A or Part B of the Terms and Conditions.
2.1 Without prejudice to the applicability of Part A (General) and Part B (User Management) of the Terms and Conditions, this Part C of the Terms and Conditions (Terms and Conditions Governing online idea registrations) applies to online idea registration services.
2.2 In the event that User (partially) terminates an agreement for a specific service, the Terms and Conditions in this Part C (as a supplement to the Terms and Conditions in Part A and Part B) will continue to govern the relationships between CIR and User in so far as this is necessary with regard to dealing with the obligations outstanding at the time at which the agreement is terminated (such as User's payment obligation with respect to online idea registration submitted at the time of the termination and the obligation of CIR to save those online idea registrations for the current storage period).
2.3 CIR reserves the right to amend or supplement this Part C of the Terms and Conditions at any time. If possible, CIR will inform User about the changes or supplements to this Part C on the Website at least 30 days before they take effect. Changes or supplements will also apply to Agreements which exist at the time of the changes or supplements. If User has not terminated an agreement for a Service described in this Part C before the changes or supplements take effect, User will be regarded as having accepted the changed or supplemented Terms and Conditions.
3. Online idea registration
3.1 The online idea registration can, in principle, be supplied in the electronic format desired by User. CIR is nonetheless entitled to reject the online idea registration if the format in which the online idea registration is supplied can damage CIR's information systems, hamper the proper or effective working thereof, or is not suitable for processing by the CIR's information systems, or if the (file with the) online idea registration supplied is too large.
3.2 After receiving an online idea registration, CIR will create for user a certificate that confirms the date and the time of receipt. With the exception of the situation described in Article 3.4 below, CIR does not read an online idea registration. The User is responsible for the content of the online idea registration.
3.3 CIR will save an online idea registration for a five-year period from the moment it is received. CIR saves the online idea registration in a secure environment. Whenever an online idea registration is submitted CIR will make a back-up of the online idea registration. CIR will treat an online idea registration as confidential and will not pass on its content to third parties unless (i) this is approved by User in question or (ii) CIR is bound to do so by a court judgement or is ordered to do so by a government body. CIR will generate a electronic fingerprint of the online idea registration and only this electronic fingerprint will be sent electronically to a selected third party (DigiStamp, USA) that provide an official electronic timestamp to the electronic fingerprint and sent this electronically back to CIR. CIR will save the time-stamped electronic fingerprint and online idea generation together in an secured area on the server that is only accessible by User and CIR. User accept that there is a time difference between the supply of an online idea registration and the moment CIR receives a time-stamped fingerprint generated from the supplied online idea registration. CIR cannot be held liable for any malfunctioning or incorrectness of the electronic timestamp provided by the selected third party (DigiStamp, USA) .
3.4 If requested to do so by User, and upon payment of an additional applicable fee, CIR will send User a copy of the online idea registration and time-stamped fingerprint by e-mail. CIR also guarantees the authenticity of the online idea registration. By requesting the issue of a copy of an online idea registration, User gives CIR permission to read that online idea registration for the purpose of the issue.
3.5 One month before the end of the storage period referred to in Article 3.3, CIR will inform User by e-mail of its expiration. At the end of each storage period, the User can ask CIR to extend the period by five years upon payment of the applicable fee.
3.6 CIR will destroy an online idea registration and associated time-stamped electronic fingerprint:
(i) if CIR does not receive a request for an extension before the end of the storage period for that online idea registration;
(ii) at the User's request;
(iii) after termination of the Agreement in so far as it relates to the online idea registration services, on the understanding that the current storage period for the online idea registration has elapsed and none of the events referred to in Article 3.3 of Part B of the Terms and Conditions occurs.
4.1 The Online idea registration services are subject to the prices determined by the CIR's Management Board. The prices are published on the Website. All prices are in US dollars.
4.2 CIR is entitled to change the prices unilaterally. Where possible, CIR will inform User to this effect via the Website 30 days before the price change takes effect. Price changes also apply with respect to Agreements which exist at the time of the change. If User has not terminated the Agreement before the price changes takes effect, User will be regarded as having accepted the price change.
5.1 The amounts payable by User to CIR are to be paid using a method referred to on the Website (electronic payment, credit card, the payment method referred to under 5.2 before CIR provides the online idea registration service.
5.2 CIR does not provide any online idea registration services before full payment has been received for those services.
5.3 If User is in default or fails in any other way to fulfil one or more obligations within the framework of online idea registration it has submitted, it will be charged all reasonable costs incurred in acquiring payment out of court, without prejudice to the consequences which the law attaches to such default or failure.
6. Obligations of User
6.1 Without prejudice to the provisions of Article 4.1 of Part B of the Terms and Conditions, CIR reserves the right to refuse incomplete requests for storage of an online idea registration.
6.2 CIR reserves the right (i) to refuse to accept or store an online idea registration, (ii) to decide to destroy an online idea registration if it has reasons to believe that the Online idea registration may endanger the CIR system.
Without prejudice to the provisions of the Articles of Part A (General) and Articles of Part B (User Management) of the Terms and Conditions, CIR is not liable for any damage as a consequence of or related to:
(i) the refusal of a request for an online idea registration service or the destruction of an online idea registration on the grounds of any of the Articles of this Part C of the Terms and Conditions;
(ii) a invalid electronic timestamp on the electronic fingerprint (generated from the online idea registration) by the US based electronic timestamp provider Digistamp, wich is selected by CIR.
Within minutes proof of idea ownership in all countries