Date of Last Revision: May 11, 2015

 

Definitions
CALL FOR SOLUTIONS A process to connect innovative solutions with specific urban and social challenges. The Call for Solutions process includes specialist research, multiple rounds of documented evaluation by a team of experts to identify one or more solutions to be piloted and / or implemented to solve the published challenge. 

CALL PARTNER An organization co-hosting, collaborating or sponsoring the Call for Solutions together with Citymart. 

CHALLENGE A problem, issue or theme to which a city or other organization is seeking a concrete solution to a specific problem, often with significant, positive impact on society. 

JUROR Independent expert, representative of the involved organizations, or other stakeholder asked to evaluate Showcases in the context of the Call for Solutions and associated processes. 

LEAD EDITOR The primary responsible contact person on the Showcase as designated by the solution provider. 

SHOWCASE An online description of a service or product or other solution following the Citymart template which incorporates business development and trust-building resources.

SOLUTION The service, software, process, product, device or other asset or combination of assets described in the Showcase and solving a specific problem or challenge for a city and / or organisation. 
 
SOLUTION PROVIDER The organization providing the solution described in the Showcase. This may be a company, an NGO, a research centre or other body. 

SUBMISSION The process by which the solution provider enters (“submits”) a Showcase into the Call for Solutions process through the Citymart technology platform, thereby taking part in the evaluation process and associated activities. 

SUBMISSION DEADLINE The deadline by which the solution provider must have submitted the Showcases and / or other required information on the technology platform.

TECHNOLOGY PLATFORM The Citymart online platform and associated services including microsites and services provided by third party.  

 

Statement of Rights and Responsibilities
This Statement of Terms and Conditions (Statement) governs the relationship of users and others who interact with Citymart. By using or accessing Citymart.com, you agree to this Statement.

Sharing your content and information
You own the content and information you post on Citymart and you can control how it is shared through your administration tools, with the following exceptions:
a) Showcases submitted to Citymart or to events on Citymart. b) Information shared by you with other users through communications such as messages, comments, forums threads, notifications, emails, and private channels. c) Information including photos, videos, and other multimedia content provided for showcase on other accounts, to which you are invited to contribute. d) Published showcases in print or online. e) Back-ups of the Citymart databases. f) Online achieves and/or in printed materials. 

Rights of use
By submitting a Showcase to a Call for Solutions you provide Citymart with the following indefinite, unrestricted and global rights: a) to maintain a record of the submitted information in the Citymart databases and back-ups. b) to publish the information on Citymart in any form deemed relevant by Citymart. C) to publish the information on microsites and other sites maintained by Citymart and / or relevant affiliates or third parties. d) to reuse or reference the information in communication by Citymart including but not limited to press releases, social media, affiliate sites, articles, and blog posts. e) to distribute the information to relevant parties including but not limited to jurors and potential customer organizations. f) to contact your organization with relevant communication.
 
Communication
The solution provider is responsible for checking whether any communication is received from Citymart during the Call for Solutions process. Citymart provides an online interface through the Citymart website where actions must be taken including but not limited to observing call deadlines, submitting Showcases, accepting invitations for nomination, uploading additional information, and online conversations with Citymart staff and jurors throughout the Call for Solutions process.
  
It is the sole responsibility of the solution provider to frequently login and take proper action on Citymart. Citymart cannot be held responsible nor liable for any failure of emails to reach the intended mailboxes or messages to reach the intended recipients. 

Furthermore, it is the sole responsibility of the solution provider to maintain and upgrade the necessary software such as internet browsers and security settings to be able to access the Citymart website and tools. 

Citymart deploys certain third-party tools on the website that have been tested to work on major browsers. Citymart cannot guarantee the functioning of other web browsers. Solution providers are required to maintain alternatives to such browsers. 

Citymart is not designed to be 100% compliant with mobile devices including phones or pads. Solution providers are required to maintain alternatives to such devices. 

Citymart deploys state-of-the-art technology and maintains a high performance and high-availability website. However, Citymart cannot guarantee 100% uptime of the website. Citymart cannot be held responsible nor liable should the website not be accessible. Should such a situation arise, the solution provider is required to re- access the Citymart website once it is up and running again. 

Confidentiality
All Showcases submitted to challenges are made public. Showcases should not contain any information that is deemed confidential or which should not be made public. Citymart and / or the call partners cannot be made liable for any information published in this context and it remains the sole responsible of the solution provider to ensure such information is not included both in relation to the solution provider and / or any third party information. When you publish information on Citymart, it means that you are allowing other users and visitors to Citymart to access and use that information, and to request association with you.

Interaction with Citymart and other users on Citymart
Citymart appreciates feedback or comments about Citymart, but may use them without any obligation to compensatione for them.

You must ensure that your email address registered with Citymart is up-to-date and valid. By using Citymart you agree that Citymart uses your email address for validation of your identity, notifications, and communication about Citymart activities. Citymart will not disclose your address to third parties.


Account Security
Citymart strive to be a safe and secure platform. However, to maintain your account safe and secure there are a number of standards you must adhere to: a) Your user account is personal and you may not allow other users access to your account. b) Your user account must always be protected by a strong password. c) Your user details must be accurate and true. d) You may not transfer your user account details to a third party without the permission of Citymart. 

Citymart reserves the right to temporarily or permanently remove or reclaim user or account names if it is believed to be appropriate, including but not limited to issues of copyright and trademarks and without any warranty for loss of business or other damage.  

Inability to complete your commitments
Citymart cannot be held responsible or liable for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with the event that the Call for Solutions or one or more challenges cannot be completed. This includes the inability of the call partners or other third parties to complete their activities, including but not limited to failure to complete evaluations, failure to observe deadlines, failure to complete nominations, failure to adhere to due process, failure to observe confidentiality, failure to select and / or announce winners, failure to commit or follow through on commitments, failure to engage in or complete pilot processes, and / or failure to communicate any or all of the above.

Challenge deadlines
The deadlines are at all times the deadlines listed on Citymart.com. No other deadlines in or through any other media including but not limited to emails, on microsites, wizards, blogs, press releases or third party sites or in third materials shall take precedence. Any participating or potentially participating party must at all times observe and refer to these reference deadlines. Note that the deadlines can be changed and / or extended without prior notice.  

Neither Citymart nor the call partners are required to give advance notice of extension(s). Neither Citymart nor the call partners are required or under the obligation to provide individual or customized notice of extension of the deadlines for submission, or can be held responsible or liable for any adverse effects or be accused of giving unfair advantage to any of the submitting solution providers on the grounds of extension of the call deadline(s).  
 

Bankruptcy, Sales, Transfer of Rights or other changes to the legal or formal status of the Showcase or solution providers
In the event of bankruptcy, sales, transfer of rights, threat of lawsuit, or other changes to the legal or formal status of the Showcase or solution providers, the solution provider is without hesitation obliged to provide Citymart with due information about the current and expected future status of the Showcase and the solution providers, including the ability of the Showcase and / or solution provider to complete the Call for Solutions and / or adhere to the agreements and statements of intent provided in the process.


Withdrawal of Showcases
For Round 1, solution providers can withdraw submissions before the submission deadline closes.  

If the Showcase is nominated for a second round, the solution provider can choose to decline the invitation for nomination and so they will not be considered for Round 2 and will effectively withdraw from any further activities related to the Call for Solutions from this point on. 

Citymart cannot guarantee and is not obliged to initiate withdrawal outside of the two designated withdrawal options described above. However, the solution provider can at any point choose to notify Citymart that they wish to withdraw their submission from the Call for Solutions. The solution provider must provide Citymart with written notice of such prior to the withdrawal and must observe all agreements made to the involved parties. The withdrawal request is only valid once the solution provider has received formal and written consent from Citymart.  

Citymart can at its discretion attempt within its means to withdraw the submission at the earliest convenience and at reasonable time and costs that do not interfere with the Call for Solutions process. Furthermore, the solution provider must observe that certain withdrawal options can and must be done by the solution provider’s own efforts using the technology platforms self-service options. 

The solution provider must in the context of withdrawal observe that Citymart keeps a copy of the submission as well as associated process, activities and other records of the process up until and including the withdrawal, as this is part of the documentation and history that Citymart keeps and archives for all activities on the technology platform. This information will not be deleted or removed from the platform after the withdrawal. The information that is kept by Citymart includes but is not limited to a copy of the submitted Showcase, conversations, videos, account and user information, and additional information such as documents and questionnaires.  

Furthermore, third party services such as websites, blogs and other entities might keep additional records, for example press releases, public reporting or following of the process through social media or content aggregators. Citymart is not responsible and cannot be held liable for the information kept by such third parties and will not be involved in any activities regarding the withdrawal or removal of information from third party records. 

Citymart and / or the call partners cannot be held liable or responsible for any direct or indirect loss, damage or any other costs incurred on the basis of such withdrawal or withdrawal request. 

Re-assignment, qualification and omission of Showcases
Citymart and the call partners are at any point entitled to re-assign, qualify, and if necessary omit any Showcase from the Call for Solutions that are deemed irrelevant; defamatory; illegal; to breach the rights of third parties; of poor quality; not to fit the purpose of the call and / or challenge; not in compliance with the Showcase requirements; or, for any other, reason deemed relevant by the sole discretion of Citymart and / or the call partners.
  
Citymart and / or the call partners are not required to provide any explanation for such omission, and neither party can be held liable or responsible for any direct or indirect loss, damage or any other costs incurred by the solution provider due to pre-qualification and / or omission of Showcases from the Call for Solutions. Citymart and / or the call partners can out of courtesy and by their sole discretion choose to provide an explanation for the above. However, such explanation shall not have any legal ramifications and Citymart and / or the call partners cannot be held liable or responsible for any direct or indirect loss, damage or any other costs incurred on the basis of such explanation. 

Furthermore, the omission of any Showcase from the Call for Solutions shall not render the Call for Solutions void or in any other way affect the validity or legality of the Call for Solutions and the associated and subsequent activities. 


Protecting third party rights
To respect the rights of third parties, Citymart requests that the following requirements are adhered to: 

a) You may not post content or take any action on Citymart that infringes or violates third party rights or otherwise violates the law. b) Citymart may remove any content or information, if Citymart believes that it violates this Statement. c) If Citymart removes your content for infringing someone else's copyright, and you believe Citymart removed it by mistake, you are required to contact Citymart without undue delay with adequate details for Citymart to correct the mistake. 

Citymart reserves the right to temporarily or permanently remove or reclaim information and content of Citymart if it is believed to infringe third party rights without any warranty for loss of business or other damage. 

Feedback and comments
Citymart allows you to interact with other users and visitors of Citymart, and strives for maintaining high standards in the interactions taking place on Citymart. a) Content and communication on Citymart must be held in a decent and non-defamatory language. b) Unauthorized commercial communications may not take place on Citymart. c) Information on users and visitors may not be collected by automated means. d) Information that is untrue, unlawful, misleading, malicious, or discriminatory may not be posted on Citymart. 

Citymart reserves the right to temporarily or permanently ban any user on Citymart violating the above code without any explanation and without any warranty for loss of business or other damage.  


Amendments 
This Statement is subject to change provided notice on Citymart. Changes can be made for legal or administrative reasons, or to correct inaccurate statements, without notice. As special provision, during the current beta-phase, this Statement may be changed in its entirety without notice. 

Termination 
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for Citymart, Citymart can stop providing all or part of Citymart to you. Citymart will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. 

Disputes 
The laws of Spain will govern this Statement, as well as any claim that might arise between you and Citymart, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Barcelona, Spain for the purpose of litigating all such claims. If anyone brings a claim against Citymart related to your actions, content or information on Citymart, you will indemnify and hold Citymart harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Please note, you use Citymart at your own risk. Citymart is provided as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Citymart does not guarantee that it will be safe or secure. Citymart is not responsible for the actions, content, information, or data of third parties and you release Citymart, Citymart directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Citymart will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Statement or Citymart, even if Citymart has been advised of the possibility of such damages. Citymart aggregate liability arising out of this statement or Citymart will not exceed the greater of one hundred euro (eur100) or the amount you have paid Citymart in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Citymart liability will be limited to the fullest extent permitted by applicable law. 

Other 
References to “you” mean the account, including the associated users. This Statement makes up the entire agreement between the parties regarding Citymart, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If Citymart fails to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by Citymart. You will not transfer any of your rights or obligations under this Statement to anyone else without the consent of Citymart. All of Citymart’s rights and obligations under this Statement are freely assignable by Citymart in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent Citymart from complying with the law. This Statement does not confer any third party beneficiary rights. You will comply with all applicable laws when using or accessing Citymart.