GENERAL TERMS AND CONDITIONS

  1. INTRODUCTION

1.1. These general terms and conditions (hereinafter the "T&C") governing the legal relationships between Luxembourg Creative Industries Cluster, part of the Luxembourg Cluster Initiative, managed by Luxinnovation GIE, established under the laws of the Grand-Duchy of Luxembourg,  having its registered office at L-4362 Esch-sur-Alzette, 5 avenue des Hauts Fourneaux, registered with the Luxembourg Trade and Companies Register under number C16 (hereinafter “LUXEMBOURG CIC”), a cluster dedicated to twelve branches acting in the creative field: architecture (engineering/town planning); crafts and manufacturing; visual arts; films and audiovisual; design; fashion design; gaming; marketing and communication; literature; digital media and publishing; performing arts and music and the legal or natural persons, acting in a professional capacity, producing a creative work.

1.2. These T&C may be amended by LUXEMBOURG CIC at any time and it is the Creative’s responsibility (as defined herein) to consult them periodically. The most recent version of the T&C can be consulted on this page.

1.3, These T&C express the entirety of the obligations imposed on LUXEMBOURG CIC and the Creative. The Creative is considered to have accepted unreservedly all the provisions set out in these T&C.

 

  1. DEFINITIONS

Creative shall mean any legal or natural person, acting in a professional capacity, wishing to subscribe to the LUXEMBOURG CIC platform, available at the following address: www.creativecluster.lu and to communicate information to the User on the Products (as defined herein) that this Creative makes available to the Users. The information provided includes in particular, but not exclusively, the name of the Creative, the location and audio-visual material of the Products made available to the Users, etc.

User shall mean any legal or natural person, wishing to find out about the Products made available by the Creatives.

Product shall mean any work that a Creative wishes to make available to the Users via the platform. The Products made available to the Users are registered by the Creative in their personal area.

 

  1. GENERAL DESCRIPTION OF THE SERVICES

LUXEMBOURG CIC wishes to provide its Creatives with a platform, which is available at the following address: www.creativecluster.lu through which:

  • the Creatives can upload information and audio-visual material relating to their Products and present their Products to the Users; and
  • the Users can view the details of the Products and in particular the information and audio-visual material relating to these Products provided by the Creatives on the platform.

In addition, the Creatives can post a request for collaboration with other Creatives.

 

  1. FREE OF CHARGE SERVICE

This Service is free of charge.

 

  1. SUBSCRIPTION BY THE CREATIVES

5.1. ​​​​​​​Creatives wishing to upload to the platform information and audio-visual material regarding the Products available to Users and to present them to the Users must subscribe to the platform and provide the required information.​​​​​​​

5.2. Once the subscription is accepted by LUXEMBOURG CIC, Creatives have access to their personal area, in which they may view the information and audio-visual material relating to the Products placed online, update them at any time and delete them, etc. The Creative alone shall be responsible in this case.​​​​​​​

5.3. LUXEMBOURG CIC reserves the right to delete, at any time and without prior notification, the accounts and personal areas of Creatives that do not comply with these T&C or which breach in an unacceptable manner the laws and regulations in force, relating for example, but not limited to, identity theft or fake profiles, etc.

 

  1. INFORMATION AND AUDIO-VISUAL MATERIAL PROVIDED BY THE CREATIVES

6.1. The information, in the broadest sense, submitted by LUXEMBOURG CIC to the platform is the same information submitted by the Creatives, who are solely responsible for the accuracy, truthfulness, updating and completeness thereof.

The services offered by LUXEMBOURG CIC exclusively and solely relates to the placing online, via the platform, of information provided by the Creatives, and which on no account involves an evaluation on the part of LUXEMBOURG CIC of the services/Products offered by the Creatives.

6.2. When downloading audio-visual material and information related to the Products on the platform, the Creatives warrant to LUXEMBOURG CIC that they are the sole holder of the copyright and other intellectual property rights, in the broadest sense, relating to these audio-visual material  photographs and information.

In addition, the Creatives :

  • accept that LUXEMBOURG CIC may use the downloaded audio-visual material at its sole discretion;
  • grant, free of charge, to LUXEMBOURG CIC a licence on the intellectual property rights, in the broadest sense, which is non-exclusive, irrevocable, unconditional and not limited in time nor space, on the downloaded audio-visual material;
  • authorise, in respect of this licence, LUXEMBOURG CIC to use, reproduce, display, arrange for the reproduction, distribute, broadcast, communicate, grant a right to sublicense and make available audio-visual material downloaded at its sole discretion.

The Creative shall be solely responsible, when downloading audio-visual material, for ensuring that they do not contain any viruses, worms or malware, that they do not contain any images of an illegal, unethical, pornographic, obscene, insulting or racist nature, and that they do not infringe any third party rights.

6.3 The Creative shall be solely responsible, when communicating information and downloading audio-visual material, for any claims, complaints or actions on the part of third parties following publication on the platform of information submitted and audio-visual material downloaded by the Creative.

6.4. Creatives who send information and download audio-visual material that infringe the intellectual property rights of a third party or another Creatives guarantee LUXEMBOURG CIC against any action for infringement that may be brought against it and shall bear all of the legal fees and any damages that LUXEMBOURG CIC may be ordered to pay in compensation for such infringement.

6.5. All of the information and audio-visual material sent to LUXEMBOURG CIC by the Creative are deemed to be truthful, correct, accurate, honest and in good faith. LUXEMBOURG CIC neither verifies nor guarantees the veracity, accuracy, exactness or completeness of the information and audio-visual material placed online.

6.6. LUXEMBOURG CIC reserves the right not to place online or to delete, at any time and without prior notice or notification to the Creative, any  audio-visual material or information that do comply with the conditions mentioned above.

 

  1. CONTACT BETWEEN USERS AND CREATIVES

Users could search a particular Creative and/or browse the gallery of Creatives.

In case a User wishes to contact a Creative, the User will have the possibility to click on the Creative’s profil and to click on the email address of the Creative. In such a case, through the own mail box of the User, the User could send an email directly to the Creative.

LUXEMBOURG CIC is outside the scope of the potential contact and exchange of emails between the User and the Creative.

For statistical purposes, in case a Creative posts on the platform a request for collaboration with other Creative, the following information are collected:

  •  The name of the Creative posting the request to collaborate;
  •  The name of the Creative downloading the request to collaborate posted by another Creative;
  •  The ID and the title of the request to collaborate;
  •  The content of the request to collaborate;
  •  The day and time.

                        In any case the content of the emails sent and exchanged between the Creatives are stored.

 

  1. DURATION

The service will continue provided the Creative has not notified their intention to unsubscribe from the platform.

The service may be terminated and the Creative may unsubscribe at any time by logging onto their personal area and notifying LUXEMBOURG CIC of their intention to terminate the service, confirming their request.

LUXEMBOURG CIC shall confirm, at this time, that the termination and unsubscribe requests have been received.

When a Creative unsubscribes, LUXEMBOURG CIC shall delete all of the information and audio-visual material sent by the Creative.

 

  1. LIMITATION OF LIABILITY

LUXEMBOURG CIC shall allow Creatives and Users to enter into a relationship, so that any contractual relationship which may exist between the parties shall be binding only on the Creatives and Users, to the exclusion of LUXEMBOURG CIC.

Consequently, as LUXEMBOURG CIC is considered as being outside the scope of the relationship that may arise and exist between the Customers and Users, it is expressly agreed that LUXEMBOURG CIC shall in no way be liable to the Users, Creatives or third parties within the framework of this relationship, as any liability of LUXEMBOURG CIC is strictly limited to simply placing the Creatives and Users in contact with each other.

The Creative guarantees LUXEMBOURG CIC against any recourse on the part of the User or a third party that may occur as a result of the contractual relationship between the Creative and User.

Regarding any possible liability of LUXEMBOURG CIC, which is limited to simply placing the Creatives and Users in contact with each other, such liability may only be sought in the case of gross or wilful negligence on the part of LUXEMBOURG CIC.

LUXEMBOURG CIC disclaims any liability in the event of breakdown, or the total or partial interruption of the services.

 

  1. INTELLECTUAL PROPERTY RIGHTS

The platform and its contents, relating in particular but not exclusively to text, graphics, logos, icons, video, audio and software, are protected by the intellectual property rights owned by LUXEMBOURG CIC and/or third parties and cannot therefore be copied, reproduced, distributed, posted, downloaded, transmitted or used without the prior written consent of LUXEMBOURG CIC.

Unless otherwise specified, the software needed to use the Services or made available on the platform and used by the Creatives and Users, as well as, more generally, all of the intellectual property rights over the content, information and materials contained on the platform, are the exclusive property of LUXEMBOURG CIC.​​​​​​​

Creatives cannot benefit from the services provided by LUXEMBOURG CIC to claim any intellectual property right on the platform and its contents, relating in particular, but not exclusively, to text, graphics, logos, icons, video, audio and software. No provision of the T&C may be interpreted in such a way.

 

  1. PERSONAL DATA

LUXEMBOURG CIC, the Creative and the User acknowledge that they have been informed of the existing legislation applicable to the collection and processing of personal data, in particular the Regulation (EU) 2016/679 of the European Parliament and of the council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and declare that they are in compliance with the latter.

Personal data is processed for the purpose of the performance of these T&C and throughout the entire duration of the contractual relationship. There is no transfer of personal data outside the European Union.

The Creative and the User have the right to access and to rectify their data if inaccurate or incomplete.

 

  1. APPLICABLE LAW AND COMPETENT JURISDICTION

These T&C and more generally the services are exclusively subject to Luxembourg law. Any disputes, of any nature whatsoever, shall be subject to the exclusive jurisdiction of the City of Luxembourg.

 

  1. CONTACT

Should you have any questions relating to the services, please don't hesitate to contact us at the following email address dpo@luxinnovation.lu or by postal mail at the following address:

 

Luxinnovation GIE

Att. to the DPO
5, avenue des Hauts-Fourneaux

L-4362 Esch-sur-Alzette

Tel: +352 43 62 63 1

 

 

WEB SITE TERMS OF USE

 

Luxembourg Creative Industries Cluster, is part of the Luxembourg Cluster Initiative, managed by Luxinnovation GIE, established under the laws of the Grand-Duchy of Luxembourg, having its registered office at L-4362 Esch-sur-Alzette, 5 avenue des Hauts Fourneaux, registered with the Luxembourg Trade and Companies Register under number C16 (hereinafter “LUXEMBOURG CIC”) and is a cluster dedicated to twelve branches acting in the creative field: architecture (engineering/town planning); crafts and manufacturing; visual arts; films and audiovisual; design; fashion design; gaming; marketing and communication; literature; digital media and publishing; performing arts and music.

LUXEMBOURG CIC has two main priorities: develop an online platform targeting both the creative and their clients and promote the international visibility of the creative industries by supporting creative in their activities (as described hereinafter and variously throughout, the “LUXEMBOURG CIC Services”).

The LUXEMBOURG CIC Services offered to, and provided for, LUXEMBOURG CIC Users (hereinafter the “Users”) are provided by LUXEMBOURG CIC and is accessed by you strictly under conditions provided for in the present terms (hereinafter the “Terms”).

By accessing the web pages available at www.creativecluster.lu and other sites related to the LUXEMBOURG CIC name, mark or brand (including all sites owned, operated or otherwise used by LUXEMBOURG CIC related to the LUXEMBOURG CIC Services) and all pages linked thereto (collectively the “Site”), browsing , using or viewing any content or using any services available on the Site (each as defined below), you are agreeing to be bound by these Terms, as well as additional terms and conditions and policies referenced herein and/or available by hyperlink.

If you disagree with any part of these Terms or additional terms and conditions and policies referenced herein and/or available by hyperlink or do not consent to be bound hereunder, then you may not access the Site or use (or cause to be used) any services offered by or through the Site.

If you are browsing, using or registering on behalf of a business, it means to LUXEMBOURG CIC that you have the authority to bind that business and that your acceptance of these Terms will be treated as acceptance by that business.

These Terms may be amended by LUXEMBOURG CIC from time to time and you are therefore invited to review them periodically. You can review the most current version of these Terms at any time on this page.

 

  1. General: description of the Site and LUXEMBOURG CIC Services

This Site offers access to the LUXEMBOURG CIC Services that provide Users with the possibility to search creatives that are cluster members (hereinafter the “Creatives”) and have access to a gallery of the Creatives’ works available through the platform.

In addition, this Site also features general information (“Site Information”) we believe may be helpful or of interest to Users, as well as information about the LUXEMBOURG CIC Services (“Services Information”).

Site Information and/or Services Information may consist of (without limitation) documentation, tutorials, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio-visual material and other such content.

The Site is divided between a general site content (“Site Content”) and certain areas, parts and features of the Site are only available to the Creatives who have registered on the Site.

It is not necessary to register on the Site solely to access Site Content. Any individual who wishes to browse the Site for Site Content (a “LUXEMBOURG CIC Visitor”) may access the Site Content (and, where applicable, may submit certain user-generated content to the Site), provided that any LUXEMBOURG CIC Visitor must, as a condition to accessing Site Content or Services Information, accept these Terms and comply with the obligations described herein (such acceptance to be evidenced by your ongoing use of the Site).

For access to certain areas and to become a Creative, please refer to the General Terms and Conditions that may apply.

In addition to any other term or condition herein, your access to and use of the Site and/or the LUXEMBOURG CIC Services may be interrupted from time to time as a result of equipment malfunction, updates, maintenance, repair or any other reason within or outside of LUXEMBOURG CIC’s immediate control.

LUXEMBOURG CIC reserves the right to suspend or discontinue the availability of the Site or LUXEMBOURG CIC Services and/or any content provided thereupon and/or display or remove any Site content or LUXEMBOURG CIC Services Information at any time in its sole discretion and without prior notice.

As a condition of use, you promise not to use the LUXEMBOURG CIC Services for any purpose, that is unlawful, infringing, impermissible (by contract, law, regulation or otherwise) or prohibited by these Terms, or for any other purpose not reasonably intended by LUXEMBOURG CIC.

By way of example, and not as a limitation, you agree not to use your access to the Site or the LUXEMBOURG CIC Services:

  • to abuse, harass, threaten, impersonate or intimidate any person;
  • to post or transmit, or cause to be posted or transmitted, any Site content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person, or that circumvents (or is intended to circumvent) existing limitations on publication or public dissemination;
  • for any purpose (including posting or viewing Site content) that is not permitted under the laws of the jurisdiction where you access the Site;
  • to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User;
  • to create or transmit unwanted ‘spam’ to any person or any URL;
  • to post copyrighted Site content which doesn’t belong to you, with exception of blog posts, where you may post such Site content with explicit credit to the source material or original author’s name and a link to the original source material;
  • to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
  • to take any action (or cause that any such action is taken) that (i) imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interferes or attempts to interfere with the proper working of the Site, the LUXEMBOURG CIC Services or any activities conducted on the Site or provided by the LUXEMBOURG CIC Services; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  • to advertise to, or solicit from, any user to buy or sell any products or services not directly included as LUXEMBOURG CIC Services, or to use any information obtained from the Site (including the LUXEMBOURG CIC Services) in order to contact, advertise to, solicit, or sell to any user;
  • to promote or sell Site content of any other person or User (including, without limitation, Site content provided by LUXEMBOURG CIC);
  • to sell or otherwise transfer your user profile or account if any.

Moreover, if, at LUXEMBOURG CIC’s request, you send certain specific submissions (for example contest entries) or without a request from LUXEMBOURG CIC you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that LUXEMBOURG CIC may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to LUXEMBOURG CIC.

You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person’s details, you are confirming that you have their permission to do so and that they understand how their details will be used.

LUXEMBOURG CIC may, but have no obligation to, monitor, edit or remove content that LUXEMBOURG CIC determines in its sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You are solely responsible and liable for your conduct on the Site and you will be liable for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that LUXEMBOURG CIC may suffer or incur arising out of or in connection with your conduct on the Site.

LUXEMBOURG CIC takes no responsibility and assumes no liability for any comments posted by you or any third-party if any.

 

  1. Intellectual property right

The Site and the content provided with the Site, including but not limited to text, graphics, logos, button icons, images, videos, sound and software, is protected by intellectual property rights held by LUXEMBOURG CIC and/or third parties and may not be copied, reproduced, distributed, posted, downloaded, transmitted or used without the prior consent of LUXEMBOURG CIC, except that you can download display and print material solely for your personal, non-commercial use, provided that you do not modify the material in any way and that you keep intact all copyright, trademark and other proprietary notices.

 

  1. Links to third party web sites

Links or pointers to third party web sites on the Site are provided solely as a convenience to you. If you use these links, you will leave the LUXEMBOURG CIC’s Site.

LUXEMBOURG CIC has not reviewed these third party web sites, does not control them and is not responsible for any of these web sites or their content. If you decide to access any of the third party web sites linked to the LUXEMBOURG CIC’s Site, you do so entirely at your own risk. Complaints, claims, concerns, or questions regarding third party web sites or products/services should be directed to the third party.

 

  1. Disclaimer and limitation of liability

While reasonable efforts are used to check and update the Site, all information and materials are provided “as is” and “as available”, and shall not be binding nor shall it be construed as constituting any obligation, representation or warranty on the part of LUXEMBOURG CIC.

The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

LUXEMBOURG CIC does not guarantee the accuracy, adequacy, completeness, timeliness or fitness for any specific purpose of the information and materials included or referred to in the Site or the reliability of their sources.

In no event shall LUXEMBOURG CIC be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits, revenue, goodwill, use or data, incurred by you or any third party, arising from your access to or use of the Site.

 

  1. Applicable law and competent jurisdiction

This Site is owned and operated by LUXEMBOURG CIC in Luxembourg. Your access to, browsing and use of LUXEMBOURG CIC’s Site and the present Terms are governed by and shall be construed in accordance with Luxembourg law. You hereby consent to the exclusive jurisdiction of the courts of the city of Luxembourg regarding any and all disputes relating thereto.

​​​​​​​

  1. Personal data

LUXEMBOURG CIC, the Creative and the User acknowledge that they have been informed of the existing legislation applicable to the collection and processing of personal data, in particular the Regulation (EU) 2016/679 of the European Parliament and of the council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and declare that they are in compliance with the latter.

Personal data is processed for the purpose of the performance of these T&C and throughout the entire duration of the contractual relationship. There may be transfer of personal data outside the European Union.

The User have the right to access and to rectify its data if inaccurate or incomplete.

 

  1. Contact

If you have any questions or concerns regarding LUXEMBOURG CIC’s Site or the present Terms, please feel free to contact us at dpo@luxinnovation.lu or write us at:

 

Luxinnovation GIE

Att. to the DPO
5, avenue des Hauts-Fourneaux

L-4362 Esch-sur-Alzette

Tel: +352 43 62 63 1

 

 

Last update: May 2018