Terms and conditions InnovationPilot
1. Scope of the Terms and Conditions of Use and Participation
1.1 Use of the platform, as well as participation in innovation questions, products tests, applications and surveys (hereinafter "Projects") on innovationpilot.de (hereinafter "Platform“), is proposed by:
Flughafen München GmbH, Nordallee 25, 85356 München-Flughafen
(hereinafter "Platform Operator").
1.2 Use of the Platform and participation in projects are subject to Terms and Conditions of use and participation. Participation in Projects underlies respective project descriptions, which are listed on project page.
1.3 "Users" are customers, experts and consumers, who are registered on the platform. "Participants" are Users who take part in a Project beyond simple registration.
2. Use of the Platform and Participation in the Project
2.1 Logging on to the Platform as a User may take place once a membership account has been created by means of registration. Precondition for the registration as a Participant is that the potential Participant is already registered as a User.
2.2 Use of the platform and participation in a project are free of charge.
2.3 Only natural persons over the age of 18 are permitted to participate. Persons under 18 are excluded from participation. With logging on the participants insure that they fulfill and comply all requirements of terms and conditions.
2.4 Multiple registrations by Users, Participants and third parties is not permitted.
2.5 No right to register shall exist for the purpose of using or participating on the Platform, nor any right to participate in the Project. The Platform Operator is entitled, at its own discretion and without providing any reason, to bar individuals from registering and deny them use of the Platform or participation in the Project.
3. Offer of the Platform Operator
3.1 The Platform Operator offers Users of the portal the possibility to access information about the project. Additionally, Participants have the possibility of taking part in the Project by submitting proposals, writing comments or providing evaluations.
Aim of the Platform is it, to give the projects owner the possibility to answer questions (hereinafter „Questioning“) within the dialog of Users.
This intends answering questions faster, with higher quality and to reach a lager group of people, who help you with your solution.
Proposals and results of surveys, discussions and ratings of the external project owner are intended to be commercialized (After Project termination). The Project owner is allowed to use the results for production, research purpose and is also allowed to exploit and evaluate them. In return the selected projects will be incentivized.
3.2 The Project owner within the framework of projects can be the platform operator, external companies, individuals and organizations. The projects are set up after individual consultation with the platform operator. Each project is directed and executed by the platform operator.
3.3 The respective project owner and the subject of the specific project, including descriptions, are shown in detail on the project page.
4. Contributions in the context of Project participation
4.1 A Participant takes part in a Project on the platform by submitting suggestions, answers, opinions, ideas, comments, sketches, pictures, videos or any other materials/ contributions (hereinafter "Contributions”) within the promotional period on the respective Platforms.
Submitting contributions through the Participants is conducted by transmitting texts or values in the box provided. The Participant is also able to upload documents in form of PDF or JPG files or other relevant formats. The possibility of submitting contributions might vary between projects.
4.2 Contributions have to be in German.
4.3 Users and Participants are obliged not to publish any illegal contributions and/or contributions which offend public decency. Such contributions may be deleted immediately and without prior consultation. Those constitute a reason of extraordinary termination.
4.4 Proposals submitted in a specific Project are valid only for the respective project.
4.5 Participants are aware of that a Project Owner can modify and specify project descriptions in response to the project. He can also explain details in dialogue with the participant. As far as these changes impact the contribution in a way that it has influence on the incentive and evaluation of the proposal, the project owner has to set a limit in which the participant can agree to the changes in the project description. If the participant does not respond within the given time limit, the changes are valid. At any time the participant has access to additional information to the project and can use this information to adapt his proposals. Participants are available for additional information with regard to their proposals throughout the project duration.
5. Obligation to Secrecy
5.1 Participants and Users must not pass on information to third parties, which are necessary for participation e.g. username and password.
6. Scores and Awards
6.1 The Participants redeem scores by participating in projects. Scores consist of the following:
- Writing a comment: 1 point per comment
- Participation at a voting: 3 points
- Others evaluate the proposal of the Participant as positive: 3 points
- Submitting a proposal: 5 points per proposal
- Uploading own, adequate picture to proposal: 3 points
- The User can check at its score at its "Profile" on the platform
6.2 Awards can vary between Projects. Awards, modalities and conditions and their granting or use are firmly defined in projects description by the projects owner. In case of doubt the allocation of awards depends on the amount of collected points in comparison to other participants.
6.3 The project owner responsible for awards only. Claims against the platform operators regarding this are excluded.
6.4 Cash payments of Incentives, unless not otherwise agreed, is not possible.
6.5 Proposals to products or product characteristics, which cannot be realized due to legal or actual reasons, might not be included in voting. Points for the proposal maintain.
7. Duties of Participants
7.1 The Participant shall confirm during the input of contributions that they have created them by themselves and are submitting these in their won name and that no third party rights exist, including but not limited to copyright, trademark and design rights or patents, business designations, company property, rights to one´s own image or trademark rights. This also includes in particular the obligation not to submit any contributions that infringe company and/or trade secrets or the like (Including but not limited to know-how) of their employer or of a third party in respect of whom they are obliged to secrecy, furthermore, no ideas shall be submitted by a Participant´s employer or belong to and must be notified to the Participants ‘or any other third party as a result of a separate agreement.
7.2 The Participant agrees that the Platform Operator may publish contributions of the Participant so that they are visible to all other Participants and Users on the platform.
7.3 The Platform Operator may at its discretion and at any time amend or delete Participants' contributions. In principle, the deletion of a contribution takes place only if the Participant does not adhere to the Terms and Conditions of Use and Participation or complies with the requirements of the Project descriptions or if, in the view of the Platform Operator, the contribution does not fulfill the submission criteria specified in the Project description.
7.5 Should the issue of copyright, intellectual property, trademark, privacy or other proprietary rights arise as a result of the Participant’s contributions to the Project, then Participant shall grant the Platform Operator - at the time of their coming into existence and free of charge – the exclusive rights unrestricted in time, space and content to the contributions submitted, for their unrestricted use and exploitation. Specifically included within this, but not limited to it, is the right to entirely rework, develop and transform the Participant's contributions submitted (including the link to other contributions and activities of third parties, as well as products/product groups of the Project partner and other third parties), as well as the right to unrestricted commercial and non-commercial marketing and exploitation of the draft and finalized contributions, including but not limited to the right to print, reproduce, disseminate and distribute, archive, film, merchandise and advertise, the right to exhibit, recite and depict, perform and publicly display, the right to broadcast/transmit, to replay and to make accessible upon request. Furthermore, this includes but is not limited to the right to have the contributions protected in whatever form by the Platform Operator through trademark registration.
7.6 By submitting a contribution the Participant declares that he has so far made no dispositions, which would oppose granting a right to use the contribution to the extent described. In this respect, the Participant shall indemnify the Platform Operator from all third party claims.
7.7 The Platform Operator is entitled to grant, assign and/or charge the rights acquired under section 7.5 in full or in part, exclusively or non-exclusively, to third parties.
8. Premature termination of Projects/ Termination of membership
8.1 The Platform operator reserves terminating or aborting a Project to any time without prior warning and without giving reasons.
Demands of Participants, especially claims for compensations, are not explained through this.
8.2 The Platform operator is allowed to ordinary terminate the access of the User and delete its registration within a time limit of 3 days.
Same applies to Users. The ordinary right of termination of the Platform operator however is until the end of the Project, at which the User participates, excluded.
8.3 If the User has already made a contribution at the time of his termination, the contribution will not be deleted but potentially anonymised.
The User renounces its right on name naming.
8.4 The right of termination without notice, extraordinary termination of important reasons stays untouched.
The reason of extraordinary termination especially is the violation of present terms of conditions or project descriptions.
8.5 A termination of membership or any other termination of participation at projects - irrespective of any reasons- does not have any influence to granting of rights and permissions; these rights stay at the projects owner.
9. Liability of the Platform Operator
9.1 With participation at a project a contractual relationship between the Project owner and the Participant will be created. The Platform Operator does not influence the contractual relationship. The Platform Operator only provides the possibility to create such a contractual relationship.
9.2 The liability for own content of the Platform Operator stays untouched.
9.3 The Platform Operator is liable for damages- irrespective of any legal grounds-only:
- as a result of willful intent,
- as a result of gross negligence by the Platform Operator, its legal representatives or its
- vicarious agents;
- in the event of culpable injury to lives, limb or health;
- in respect of defects which it has intentionally concealed or the absence of which it has guaranteed
9.4 In the event of culpable breach of significant contractual obligations, the Platform Operator shall also be liable for gross negligence and minor negligence, in the matter of this shall be limited to the typical contractual reasonably foreseeable damage at the time the contract came into force.
9.5 All further claims shall herewith be excluded.
10. Liability of the User or Participant
10.1 The User or Participant releases the Platform Operator from disadvantages of any kind. Disadvantages, which are caused by third parties because of damaging operations of the User or Participant, -whether intentionally or negligently- which have been made or will be made.
10.2 The User or Participant shall indemnify the Platform Operator from all demands and claims by third parties based on a breach of these Terms and Conditions of Use and Participation by the User or Participant. In that case the User and Participant is also obliged to compensate any other damages or expenses (e.g. defense of claim) to the Platform Operator
10.3 The User or Participant shall ensure that data, designs, sketches and information sent to the Platform Operator are free from viruses and other harmful programs. To this end, the User or Participant shall implement state-of-the-art anti-virus software. Damage caused to the Platform Operator by viruses transmitted or the User or Participant shall make other harmful software good.
10.4 User and Participants are liable for their submitted contributions and other legal provisions .
11. Liability of Project Owner
The Project owner is liable for the content posted by him according to legal regulations. His further liability towards the users or participants can be changed notwithstanding the project descriptions. On this platform the operator has no influence.
12. Copyright/Rights of Use
The Platform Operator or its service providers, as applicable, own the copyright or the rights of use of all pictures, films and texts published on the Platform, except where this concerns sections of Participants’ contributions, comments etc. Using the pictures, films and texts is not permitted without express written agreement from the Platform Operator or its service providers, as applicable.
13. Data Protection
13.1 The Platform Operator uses person-related data (name, address, date of birth, e-mail address, telephone number) provided by the User or Participant in accordance to the regulations of data protection law.
13.2 All personal data is handled strictly confidentially. Person-related data necessary for execution and completion of the Project is stored and used by the Platform Operator and made available, where required, to service partners assisting the Platform Operator in executing the contract (including but not limited to postal services).
Furthermore data will be used for marketing purpose and for own market research of the Platform Operator.
As a standard procedure the following information will be send to the Participants. The User or Participant may modify the information to be received under "Profile" and may revoke its consent at any time with future effect.
- Feedback on submissions and questions
- Comments by other Users on one´s own proposal and comments;
- Information on the progress of current Projects
- Invitation to new Projects;
- Information about competed Projects on the Platform
13.3 The name of the Project winner may be published by the Platform Operator for its own advertising purposes, unless the winner expressly opts out of publication immediately after the announcement of having won. A right to be named according to §13 of the German Copyright Act shall not exist.
14. Other Provisions
14.1These Terms and Conditions of Use and Participation and any disputes arising from or in connection with these Terms and Conditions of Use and Participation are subject to the law of the Federal Republic of Germany; the UN Convention on the International Sale of Goods (CISG) shall not apply.
14.2 Particular place of jurisdiction for a raising legal dispute out of a business relation is Ingolstadt.
The Platform Operator reserves itself to sue the User or Participant also at its residencies. The place of fulfillment for any laws and duties out of the contract is only Ingolstadt.
14.3 The Platform Operator may modify Terms and Conditions of Use and Participation without providing a reason. Between the User or Participant and the Platform Operator, it is the most current version of the Terms and Conditions of Use and participation to which the User or Participant has agreed to.
If the Terms and Conditions of Use and participation should change during the Project, Users and Participants shall be requested to agree to such changes. If the User or Participant does not agree, further use of the Platform shall not be possible.
14.4 Individual regulations in these Terms and Conditions of Use and Participation prove to be totally or partly legally ineffective and/or incomplete, then the validity of the remaining conditions shall not be affected. Invalid provisions shall be replaced, through agreement, by those suitable for achieving the desired economic outcome with consideration to the interests of the contracting parties. If translations of the present Terms and Conditions of Use and Participation are available in different language, the German language version shall be the sole valid version.