Terms of Use of the online portal RESLAG

(As of October 2017)

1. Description of Services, Operator and Scope

1.1 The online portal RESLAG (hereinafter the “RESLAG”) is a European project that develops solutions for the valorisation of steel slag through 4 eco-innovative industrial alternative applications that will be proved in 4 large scale demonstration pilots. The main aim of RESLAG is to prove that there are industrial sectors able to make an effective use of the 2.9 Mt/y of landfilled slag, if properly supported by the right technologies. In making this prof, the RESLAG project will also prove that there are other very important environmental benefits coming from an “active” use of the slag in industrial processes, as CO2 saving (up to 970 kt/y from CSP applications and at least 71 kg/ton of produced steel from heat recovery applications) and elimination of negative impacts associated with mining.

1.2 Content on RESLAG is user generated only. Fraunhofer does not view such content at all. This means that Fraunhofer particularly does not check if user generated content is correct, comprehensible and based on authentic sources and data.

1.3 RESLAG, accessible under http://www.reslag-market.eu, is hosted and maintained by the Fraunhofer Project Group Materials Recycling and Resource Strategies IWKS (hereinafter “Fraunhofer IWKS”) for the Fraunhofer-Institute for Silicate Research ISC (hereinafter “Fraunhofer ISC”). Contact address and contact data are:

The Fraunhofer Project Group Material Cycles and Resource Strategies IWKS for
The Fraunhofer-Institute for Silicate Research ISC,
Neunerplatz 2
97082 Würzburg
Germany
Phone +49 6023 32039-701
Fax: +49 6023 32039-66-801
Email: iwks.sekretariat(at)isc.fraunhofer.de

1.4 Fraunhofer ISC is a legally dependent entity of the Fraunhofer Gesellschaft zur Förderung der angewandten Forschung e.V., Hansastraße 27 c, 80686 Munich, Germany (hereinafter “Fraunhofer”). As a result, all rights and duties laid out in these Terms of Use shall also devolve to and/or respectively against Fraunhofer. Declarations made by Fraunhofer ISC shall also be attributed to Fraunhofer.

1.5 The following Terms of Use shall apply to registered users of RESLAG (hereinafter the “User[s]”).

2. Registration; Account Data

2.1 Completion of the online registration on RESLAG constitutes a binding agreement with Fraunhofer on the use of RESLAG. Registration takes place online via http://www.reslag-market.eu. After sending the registration details the User will be provided with an activation link by e-mail. As soon as the User activates his or her account by clicking the activation link registration on RESLAG shall be considered “completed”.

2.2 The User has to register by entering a username and a password (hereinafter “Login Data”) as well as an e-mail-address. Whereas the username may be an alias the User assures that the e-mail-address is assigned solely to him or her and accurate, complete and correct. If personal User data should change at any time later, the User shall correct and update the information in the user account immediately.

2.3 Users are not entitled to pass their Login Data on to third parties. Users shall treat their Login Data with care and prevent misuse by third parties. If the User becomes aware of improper use of his/her user account by third parties, he/she shall notify Fraunhofer ISC immediately.

3. User’s Duties

3.1 The User must refrain from actions likely to impair and/or overload the operation of RESLAG or the underlying technical backend. Such actions include in particular: (1) the use of software, scripts or data bases in conjunction with the use of RESLAG, (2) automatic reading, blocking, overwriting, modification, copying of data and/or other contents unless necessary for the proper use of RESLAG.

3.2 The User is responsible for ensuring that storage and, if applicable, publication and making available of the data and contents (hereinafter “content”) using RESLAG is in compliance with the law. The User promises to observe the laws applicable to the storage and publication of data and other contents (e.g. criminal, competition and youth protection law).

3.3 The User undertakes that by using RESLAG he/she will not upload or publish any content that depicts, relates to or contains the following content:

  • concrete medical diagnoses, consultations or treatment;
  • racism;
  • glorification of violence or extremism of any kind;
  • calls for and incitement to criminal offences and infringement of laws, threats to life, limb or property;
  • agitation against persons or businesses;
  • statements infringing personal rights, defamation, libel and slander regarding users and third parties as well as infringements of the principles of fair competition;
  • sexual harassment of users or third parties;
  • pornography;
  • offensive, sexist, obscene, vulgar, abhorrent or sickening materials and forms of expression.
4. Rights of Use (License)

4.1 By using RESLAG the User agrees that content uploaded, created and made available to others by him/her on RESLAG in accordance with these Terms of Use is licensed by him/her, if capable of being protected, under a Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0), unless it says otherwise. The User therefore grants Fraunhofer and all other Users of RESLAG this Creative Commons Attribution-ShareAlike 4.0 International Public License under the terms and conditions as shown here (hereinafter “Licence”).

4.2. The User ensures that no third-party rights (e.g. copyright, trademarks, patents and privacy rights) are infringed and that he or she will only upload, create and publish content that was publicly available and that may be used, shared and published within the boundaries of the License granted by him under No. 4.1. The User further guarantees that he/she has the necessary rights to use and particularly publish data and content via RESLAG and is able to provide proof thereof at Fraunhofer’s request. Fraunhofer is entitled to remove any inadmissible content at any time.

4.3 The User shall indemnify Fraunhofer from and against all losses, damages, costs, liabilities and expenses (including but not being limited to reasonable attorneys’ fees and costs) arising out of or in connection with any third party demand, claim, action or allegation that the content published by the User infringes the Intellectual Property Rights or any other right of a third party or is contrary to applicable law.

4.4 Fraunhofer reserves the right to furnish all content uploaded, created and published by the User on RESLAG with the RESLAG Logo. This is for the purpose of giving reference to the source of the content, if such content is being shared, used, copied in other media (including but not limited to social media) be it online or offline.

5. Term; Termination

5.1 The agreement on the use of RESLAG shall be concluded for an indefinite period and can be terminated by either party any time without adherence to a period of notice and without stating reasons.

5.2 In addition to and beyond this, the right of the parties to end the contractual relationship by means of extraordinary termination for cause is not affected.

5.3 Fraunhofer shall be entitled to terminate the agreement for cause in particular if the following cases occur:

  • the User infringes its obligations pursuant to No. 2.2, 2.3, 3.1, 3.2, 3.3, 4.2;
  • in the case of less serious infringements of a duty the User, despite having been cautioned, continues or repeats the conduct objected to or does not remove the consequences of such an infringement of a duty that have already occurred.

5.4 Any termination shall be in text form (e.g. e-mail). Alternatively the User may apply for the immediate and irrevocable deletion of its customer account in its customer account at any time.

5.5 In the case of termination, the registration of the User will end and the User will have no longer access to its user account. This does not refer to the content being uploaded by the User during its registration on RESLAG that shall remain on RESLAG.

5.6 In the event Fraunhofer terminates the agreement for cause the User shall have no right to create a new user account.

6. Liability

6.1 Unlimited liability: Fraunhofer is liable in cases of intent and gross negligence. In cases of slight negligence Fraunhofer is liable in accordance with the provisions of the Produkthaftungsgesetz [product liability act] as well as in the case of damage arising from damage to life, limb or the health of persons.

6.2 Limitation of liability: otherwise Fraunhofer is liable in the case of slight negligence only (1) in case of infringement of an essential contractual duty, discharge of which makes due implementation of the contract possible in the first place and adherence to which the Customer can regularly expect (cardinal duty), and (2) in terms of its amount is limited to damage that was foreseeable and typical of the contract at the time of conclusion of the contract.

6.3 Fraunhofer cannot assume any liability for the content of external pages. Solely the operators of those linked pages are responsible for their content.

6.4 Fraunhofer makes every reasonable effort to ensure that the content of this Web site is kept up to date, and that it is accurate and complete. Nevertheless, the possibility of errors cannot be entirely ruled out. Fraunhofer does not give any warranty in respect of the timeliness, accuracy or completeness of material published on this Web site, and disclaim all liability for (material or non-material) loss or damage incurred by third parties arising from the use of content obtained from the Web site.

6.5 Registered trademarks and proprietary names, and copyrighted text and images, are not generally indicated as such on Fraunhofer Web pages. But the absence of such indications in no way implies that these names, images or text belong to the public domain in the context of trademark or copyright law.

6.6 This limitation of liability also applies in favor of the vicarious agents of Fraunhofer.

7. Final Provisions; Applicable law; Place of Jurisdiction

7.1 Should one or more of these Terms and Conditions be or become legally void, the legal effectiveness of the remaining clauses of the Terms and Conditions shall remain unaffected.

7.2 Any amendments or addendums to these Terms and Conditions must be made in writing. This shall also apply to any amendment to this requirement for the written form.

7.3 These terms and conditions shall be subject to the law of Germany, under the exclusion of the terms of the United Nations Convention und Contracts for the International Sales of Goods (CISG). This choice of jurisdiction does not apply or does apply only to limited extent, if the user is a natural person and concludes this contract for a purpose which can be regarded as being outside his trade or profession (consumer) and where such commitment of the user has the effect of depriving the user of consumer protection legislation of his country of residence, which is mandatory according to the law of his country of residence. In this case, aforementioned choice of law is supplemented by the respective consumer protection legislation of the user’s country of residence.

7.4 Provided that the User is a commercial entity as stipulated in the German Commercial Code (HGB), a legal public entity or a special fund under public law, Munich is the exclusive place of jurisdiction for all disputes arising of or in connection with these Terms of Use.