These terms of use (« Terms of use ») apply to any visitor (the « Visitor » or « you ») or user who has created an account (the « User » or « you ») of the website located at the following URL: https://futurefrequencies.esch2022.lu/ (the « Website »).

The purpose of this Website is to allow you to submit your application for participation in the Future Frequencies workshop, organized by Esch2022, as defined below.

The Website is operated by the non-profit organisation Capitale Européenne de la Culture 2022, registered with the Luxembourg Trade and Companies Register under number F10850, having its registered office at 163 rue de Luxembourg, L-4222 Esch-sur-Alzette (« we » or « Esch2022 »).

Access and/or use of the Website is subject to the acceptance and full compliance with the following provisions. Otherwise, we recommend that you do not use the Website.

1. SCOPE

The Terms of use govern the access and use of the Website by Visitors and Users.

Access and/or use of the Website are subject to consultation, prior acceptance and full compliance with these Terms of Use. The Terms of use apply to the Visitors and Users, from their connection to the Website and until the end of their navigation. By continuing to browse the Website, the Visitor/the User acknowledges having read the Terms of use currently in force and accepting them without reservation.

We reserve the right to modify at any time and without notice all or part of these Terms of Use. The amended Terms will be notified to Visitors on the Website home page.

2. ACCESS TO THE WEBSITE

2.1. The Website is freely accessible to any Visitor/User who has an Internet access. All costs relating to the access and use of the Website, whether costs for hardware, software or Internet access, shall be borne exclusively by the Visitor/User, who is solely responsible for the proper functioning of his computer equipment and Internet access.

It is forbidden to attempt or try to attempt to the security of the Website and the data of its Users, to hack, in any manner, the Website and the data of its Users notably by means of computer viruses, overload, “flooding”, “mail bombing” or “crashing”, to take any action that imposes an unreasonable or disproportionately large load on the infrastructure that runs the Website or to use data mining systems, robots or any other similar method for the collection and exploitation of data. It is also forbidden to reverse engineer or decompile the pages of the Website.

Esch2022 reserves the right to refuse access to the Website, unilaterally and without prior notice, to any Visitor/User not complying with the Terms of Use.

2.2. Certain features of the Website are reserved for Users who have previously created a personal online account, following the instructions mentioned on the Website, and who have duly identified themselves using their email/username and password.

The User agrees to provide accurate and truthful personal information and to update such information through his personal account to ensure its relevance and accuracy throughout his relationship with Esch2022.

The User agrees not to create or use, under his own identity or that of a third party, an account other than the one initially created.

The user ID and password are personal and confidential to you. You agree to keep them secret and not to disclose them in any form whatsoever. The conservation, the use and the transmission of your user ID and your password are carried out under your whole and single responsibility. In particular, you are warned of the inherent insecurity of using the function of automatic memorization of connection data that your computer system may allow, and declare that you assume full responsibility for the use and possible consequences of such a function. Any use of your user ID and password will be presumed to have been made or duly authorized by you.

Accordingly, Esch2022 shall not be liable for any adverse consequences resulting from any unlawful, fraudulent or abusive use of your user ID and password and access to the Website by any third party not expressly authorized by you that results from your fault or negligence.

In the event of theft or misappropriation of your user ID and password, it is your responsibility to notify us immediately.

Your account will be deactivated if your application has not been selected for participation in the workshops. You will be informed of this deactivation.

Your account will also be deactivated if you decide to withdraw your application and have informed Esch2022 of this decision.

3. SUBMISSION OF PROJECTS

3.1. The Website allows registered Users to submit their application to participate in the “Future Frequencies” workshops in digital format.

3.2. The User wishing to submit an application is invited to follow the steps mentioned online and to first consult the document entitled “Rules for participation in the Future Frequencies workshop” accessible on the page dedicated to the submission of projects, which describes the conditions of participation of the candidates, the period within which the applications can be submitted, the selection process of the projects, etc. The finalization of the process is subject to the acceptance, by the User, of the participation rules.

3.3. You represent and warrant that you are solely responsible for the data and content transmitted to Esch2022 by you via the Website. You guarantee to comply with the regulations in force, to respect the rights of third parties (intellectual property rights, personality rights, etc.) and the provisions of these Terms of use.

3.4. You also agree to assume responsibility for any definitive financial judgment that may be handed down against Esch2022 as a result of your use of the Website and, more specifically, the submission of an application in violation of these Terms of use and of the applicable law. This commitment is also valid in the event of a settlement agreement signed between Esch2022 and the third party having engaged its responsibility.

4. LIMITATION OF LIABILITY

4.1. We put all reasonable means at our disposal to ensure quality access to the Website and the security of the data that you provide us with via the Website, but do not assume any obligation of result in this regard. We do not guarantee the continuous operation of the Website, which may be interrupted for maintenance reasons.

We cannot be held responsible for any other malfunction or failure of the network or servers or any other technical malfunction beyond our reasonable control that would prevent or impair access to all or part of the Website, and in case of force majeure as defined by the applicable regulations.

Your attention is drawn to Internet limitations and constraints and to the fact that Esch2022 cannot therefore guarantee the total security of data exchanges. The User is expected to take all necessary measures to protect him/herself against unauthorized intrusions within his/her
information system. Furthermore, the User is informed that functioning of the Website and response times may vary according to his/her system of connection parameters and his/her Internet access service network. Esch2022 assumes no responsibility in this respect.

As a result, we can in no case be held liable, directly or indirectly, due to any malfunction of the Website caused by one or more technical features inherent to Internet or to the computer hardware or software used by the User, for any reason whatsoever.

4.2. The materials published or provided on the Website are furnished to you “as is” and without warranties of any kind. Esch2022 assumes no responsibility and does not make any warrantee that the information contained on the Website is accurate, complete, up-to-date or relevant, or that the Website contains no defects or that any defect will be remedied.

5. INTELLECTUAL PROPERTY

All elements of the Website, including its structure, its graphics, its source or object code and its content (including, but not limited to, texts, graphics, images, photographs, videos, information, logos, icons, software, audio files and others, databases) are protected by intellectual property laws, and notably by copyright and trademark laws. The E22 logo is protected as a trademark and cannot be exploited by unauthorized third parties, notably to
imply an endorsement from Esch2022.

Esch022 reserves all rights on the Website. Access to and use of the Website cannot be considered as an assignment or a license agreement. As a result, you are prohibited from using the Website for purposes other than those mentioned above, including reproducing or publicly displaying, modifying, performing extraction or decompilation of all or part of the Website, including in particular its structure, its graphics, its object code or source and its content, without our prior and written express consent.

Any breach of the foregoing is an infringement punishable by law and is likely to engage your responsibility.

6. HYPERTEXT LINKS

The Website may contain links or references to other websites, including social networks, belonging to third-parties. We neither accept responsibility for the content of these websites, nor for the content that you decide to transmit to these third-party websites via the Website.

Any hypertext link to the Website requires the prior written express consent of Esch2022.

7. PERSONAL DATA

Esch2022 is processing Visitors’ and Users’ Personal Data according to the terms and for the purposes described in its data protection notice.

8. SEVERANCE

If any provision (or part of a provision) of these Terms of use is found by a court or an administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

9. GOVERNING LAW AND JURISDICTION

These Terms of use are governed by, and construed in accordance with, the laws of Luxembourg.

Subject to mandatory statutory provisions, the Courts of Luxembourg will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the validity, interpretation and enforcement of the Terms of use or the access and/or use of the Website.