General Conditions of Use of the Sharing Platform of the Moon Camp Project
Please read carefully the following terms and conditions before registering to the Sharing Platform of the Moon Camp Project.
They are released by the European Space Agency, an international intergovernmental organisation governed by its Convention, having its headquarters at 24 rue du Général Bertrand, CS 30798, 75345 Paris Cedex 7, France (“ESA” or “the Agency”).
By registering as a User of the Sharing Platform and by submitting a project through the Sharing Platform, the User accept (such acceptance being a mandatory condition to have access and use the Sharing Platform):
a. these General Conditions including any future modifications;
b. the ESA Personal Data Protection Framework and the Privacy Notice and Consent Form available on the Sharing Platform
Once so accepted, the above mentioned Sharing Platform General Conditions and ESA Personal Data Protection Framework will be legally binding for the User in connection to the respective use of the Sharing Platform.
I. Definitions
In these Sharing Platform Conditions the following words and expressions have the following meaning:
“Team” means a minimum of at least 1 student up to a whole class of school students participating in the Moon Camp Project and at least one or more teachers or mentors guiding the students to participate in the ESA Moon Camp school project.
“User” means a person which is registered as a user in the Sharing Platform.
“Sharing Platform” or “Website” means the Sharing Platform of the Moon Camp school project operated by ESA. It provides an efficient, streamlined entry point for the teams of the Moon Camp project to share the outcomes of their Team project and is available at the URL mooncampchallenge.org
“Team project” means, in the context of the Sharing Platform, the description of a school project developed by a team for the Moon Camp Project containing typically, and as a minimum, a title, a description, one or more images.
II. Scope of these Sharing Platform General Conditions
(1) This document sets forth the conditions of registration to, and use of, the Sharing Platform.
III. The purpose of the Sharing Platform
(1) The purpose of this website is to provide a platform for teams participating in the ESA Moon Camp project, which is managed by the ESA Education Office, to share their Team project.
IV. Eligibility to become User of the Sharing Platform
(1) Cumulative eligibility criteria. The eligibility criteria set forth in this Article IV are cumulative.
(2) General conditions of eligibility. To be eligible to register as a User of the Sharing Platform (which
Is a mandatory condition to share the outcomes of the Team project), the User must:
- be registered as a Team in the Moon Camp Project[1];
- be the adult teacher or mentor guiding a Team;
- fill in the registration form available on the Sharing Platform, with all the required information including a verifiable email address.
(3) Statement of eligibility. By registering as Users on the Sharing Platform, Users are deemed having accepted:
a. to comply with these Conditions;
b. to be subject to the ESA Personal Data Protection Framework.
(4) Exclusion of Users. Notwithstanding the possibility for ESA to refuse registration of any User for any reason, any User will be excluded from using the Sharing Project to publish t if any of the following events occurs:
a. the User fails to fulfil any of these Conditions or any terms and conditions
referred to herein,
b. the User is acting in a manner inconsistent with ESA reputation and status;
c. the User falls under any of the following situations:
(i) the User has been the subject of a judgement which has the force of res
judicata for fraud, corruption, involvement in a criminal organisation,
money laundering or any other illegal activity;
(ii) the User violated, or is suspected of violating, Intellectual Property
Rights of a third party.
V. How to use the Sharing Platform
(1) Registration procedure. Registration on the Sharing Platform is free of charge. Users shall ensure that the contact details and other information requested by ESA during the registration procedure shall be correct and complete. Users have to confirm that they accepted these Sharing Platform Conditions and the ESA Personal Data Protection Framework to register on the Sharing Platform.
(2) Use of Sharing Platform upon registration. Upon receipt of the e-mail of confirmation of registration to the Sharing Platform, Users have to activate their account by clicking on the link in the e-mail. After activation the Users are granted access to the Sharing Platform for their use only as authorized herein. The User is responsible for keeping the access details secret. The User is also responsible for all use of the Sharing Platform account upon registration and may be held liable for any use in violation to these Conditions or prejudicial to ESA or third parties. The User must notify ESA in case of suspected or real unauthorized use of, or access to, User’s account in the Sharing Platform.
(3) Updating information. All information requested by ESA during the registration procedure that the User submits through the Sharing Platform must be kept updated by the User.
(4) Modification, suspension or discontinuance of use of the Sharing Platform. ESA may change, suspend or discontinue use of the Sharing Platform, of User’s account or of any feature thereof at any time, without prior notice, and shall have no liability to the User(s) for such change, suspension or discontinuance.
VI. User Content
(1) Users may submit any outcomes related to the Team project onto the Sharing Platform to the extent permitted by the functionalities of the Sharing Platform (herein “User Content”), thereby making it available to third parties.
(2) By submitting User Content, the Users irrevocably grant ESA – without a formal declaration being needed in this respect – a free of charge, perpetual, worldwide and transferable right of use the relevant Content for any purposes related to the operation of the Sharing Platform and the Moon Camp Project, including the rights to:
a) edit, reproduce, store the User Content on their servers as well as to display, share, make it available publicly (e.g. by displaying the Content on the Sharing Platform).
(3) ESA reserves the right, but disclaims any obligation or responsibility, to edit, remove, refuse to publish User Content or to undertake the examination of the Content, including to check its completeness, accuracy, quality or appropriateness for the purpose of the Moon Camp project. The User remains responsible of its User Content, regardless of the examination or assessment made by ESA. In particular, any User Content submitted by the Users in the Sharing Platform must not:
a. contain trademarks, logos or trade names owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
b. contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
c. contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; communicate messages or images inconsistent with the positive images and/or goodwill to which ESA wishes to associate;
d. be violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic; be obscene or offensive, endorse any form of hate or hate group; defame, misrepresent or contain disparaging remarks about ESA, or its activities or team, or other people, products or companies;
e. contain any materially dangerous activity; promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; and
f. depict, and cannot itself, be in violation of any law.
(4) By registering to the Sharing Platform and submitting the outcomes of the Team project, the User represents and warrants to ESA without a formal declaration being needed in this respect, that:
a. it does not infringe upon any Intellectual Property or other rights of any person or entity;
b. the User is the owner of the intellectual property rights in the User Content or, at least, that the Participant User obtained all necessary rights, licenses, approvals, authorisations and releases to submit such User Content under these Sharing Platform Conditions and to grant the rights of use and exploitation pursuant to these Conditions, in particular to this Article VI.
The above-mentioned rights, licenses, approvals, authorisations and releases must have been obtained by the Users, prior to the submission of the User Content, from any right holder, in particular from:
(i) any individual whose name, likeness or voice is used in any such User Content;
(ii) any natural or legal person who may have contributed or participated in any way in the creation of the submitted User Content; and/or
(iii) any natural or legal person who may own or control any elements used in the User Content which are not owned or controlled by the User.
The above-mentioned rights, licenses, approvals, authorisations and releases must have been obtained by the Users without placing under any obligation.
(5) The User will defend, indemnify and hold harmless ESA, from any claims to the contrary. These obligations and warranties will survive the termination of User’s access and use of the Sharing Platform, for the duration of the rights granted to ESA.
VII. Releases
(1) ESA shall have no obligation, liability or responsibility towards Users (including their team members) for:
a. all costs, travel and other expenses to be incurred by the User in connection with the registration to the Sharing Platform; they are the User’s responsibility and in no case will be refunded by ESA;
b. any claim relating to the activities carried out using the Sharing Platform;
c. any damage caused or sustained by any of the Users, including any damage caused to third parties as a consequence of, or during the, registration to the Sharing Platform and/or the use of the Sharing Platform;
d. any force majeure event;
e. any User Content which is incomplete, illegible, lost or otherwise not received;
f. the use of the Sharing Platform in violation to these General Conditions.
(2) ESA gives no warranties in connection with the Sharing Platform, including in relation to its potential malfunction, inoperability, maintenance procedures or corrective actions which ESA may undertake from time to time or for any causes beyond ESA’s reasonable control.
(3) Users agree not to instigate, support, maintain or authorize any action, or lawsuit against ESA on the ground that any use of User Content submitted pursuant to their registration in the Sharing Platform infringes any of the User’s rights or the ones of User’s licensors.
VIII. Personal Data
(1) By registering on the Sharing Platform, the Users irrevocably accept (and obtain acceptance from any concerned individuals, including team members) the processing of their personal data for the purposes as defined in and as presented in the Privacy Notice and Consent Form available on the Sharing Platform.
(2) Personal Data is processed according to the ESA Personal Data Protection Framework, available at: http://www.esa.int/About_Us/Law_at_ESA/Highlights_of_ESA_rules_and_regulations
The processing is notified under the DPNR: Data Protection Notification Records – TEC-X-Moon Camp School Project-DPNR (esa.int)
IX. Compliance with Laws and Regulations
(1) All Users must observe all local, regional, national, and international laws, orders, directives, ordinances, treaties, rules and regulations which may apply to Users in connection with all aspects of the registration to, and use of, the Sharing Platform. Users are solely responsible for acquiring the appropriate licenses, waivers, or permits from the applicable regulatory bodies or other applicable third parties. ESA shall in no way be responsible for providing the Users any advice or counsel, legal or otherwise, with regard thereto.
X. Applicable Law and Settlement of Disputes
(1) Except for personal data matters or incidents for which ESA Framework on Personal Data Protection shall apply and for which ESA Supervisory Authority shall have exclusive jurisdiction:
a. Without prejudice to the applicability of ESA Convention on privileges of ESA, this Agreement shall be governed by and shall be interpreted in accordance with the Law of France.
b. All disputes between the Parties in connection with or arising out of the existence, validity, construction, performance and termination of this Agreement (or any terms thereof) which the Parties cannot resolve within 30 days from the date of a written notice from one Party to the other Party to notify the existing dispute, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by 3 arbitrators appointed in accordance with the said rules. The cost of arbitration, including the fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides. Each Party shall bear its own representation fees and costs associated with the arbitration. The arbitration proceedings shall be conducted in the English language in Paris (France) and the arbitration award shall be final and binding upon the Parties, their successors and assigns which shall comply in good faith with such decision.
XI. Limitation of ESA liability
(1) Should the User suffer a loss as a result of using the Sharing Platform and the free services provided on the Sharing Platform (including accessing free User Content and the option of submitting User’s own Content), ESA shall be liable only in the event of wilful intent (including fraudulent intent) and gross negligence on the part of ESA, provided that the claim is formulated by the User within one (1) months of the date when the first loss occurred. Any claims beyond the above shall be excluded.
[1] Teams can register for the Moon Camp Project at the beginning of each school year at: mooncampchallenge.org
