Open Foresight Hub Terms of Use

Welcome to the Open Foresight Hub (“Open Foresight Hub” or “Hub”), an online platform operated by Foresight Academy GmbH (“we” or “us” or “Foresight Academy”). The Open Foresight Hub platform facilitates the exchange of views about futures and the forces shaping them; and about foresight methods and the people and organizations creating and using them.

To foster our thriving community, we provide the necessary infrastructure and organizational framework for the development of the Open Foresight Hub and other initiatives aligned with our mission. Our goal is to make educational and informational content about futures and foresight methods freely accessible on the internet, indefinitely.

We extend a warm welcome to you (“you” or the “user”) as a reader or contributor to the Projects, and we encourage your involvement in the Open Foresight Hub. Before you join, we kindly request that you carefully read and agree to the following Terms of Use (“Terms of Use”).

1.1 We are committed to promoting the positive growth and development of better futures, fostering the exchange of ideas among like-minded individuals and visionaries. In furtherance of this goal, we provide a platform hosting educational and informational content about futures and foresight, freely accessible to the public. For this purpose, we provide users of our platform with five primary sections: The Library, the Encyclopedia, the Futures collaboration space, the Open Foresight Hub and the User section. However, it's important to note that we solely serve as a hosting service provider, maintaining the necessary infrastructure and organizational framework. This infrastructure and framework enable our users to actively contribute to and edit content within the Open Foresight Hub, as well as reuse the available content. The infrastructure we maintain encompasses specialized technological systems that facilitate programmable interaction with and reuse of content on Projects, including mobile applications.

For the purposes of the rest of these Terms of Use, our services encompass the hosting of the Open Foresight Hub websites, the technological infrastructure we maintain, and any technical spaces hosted by us for the maintenance and enhancement of the Open Foresight Hub.

1.2 Due to our unique role, there are a few important aspects to consider regarding our relationship with you, the Open Foresight Hub community, and other users:

User-Generated Content: Since the content hosted on the Open Foresight Hub is primarily contributed and edited collaboratively by users, we do not assume an editorial role. As a result, we generally do not actively monitor or edit the content on the Open Foresight Hub websites, and we do not bear responsibility for such content. Additionally, unless explicitly stated otherwise, we do not endorse any opinions expressed through our services and do not guarantee the accuracy, truthfulness, or reliability of any community-generated content submitted to the Open Foresight Hub.

Your Responsibility: You are accountable for your own actions when using our services. This includes your edits and contributions to the Open Foresight Hub, your reuse of content available on the Open Foresight Hub, and your overall use of our services. It is important that you exercise caution and refrain from engaging in any activities that may lead to potential legal or civil liability under applicable laws. We generally cannot provide protection, guarantees, immunity, or indemnification against the enforcement of such laws.

1.3 While we strive to provide educational and informational content to a broad audience, it's important to understand that your use of our services is entirely at your own risk. We offer these services on an “as is” and “as available” basis, and we explicitly disclaim all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee that our services will meet your specific requirements, be completely safe, secure, uninterrupted, timely, accurate, or free of errors; nor can we guarantee the security of your information.

We are not responsible for the content, data, or actions of third parties, and you release us from any claims and damages, known or unknown, arising from or in any way related to any claims you may have against such third parties. Any advice or information, whether oral or written, obtained from us or through our services does not create any warranty unless expressly stated in these Terms of Use.

To facilitate the expansion of the collective knowledge about futures and foresight available to all, we have established a requirement for users who contribute to the Open Foresight Hub. These users are obliged to grant extensive permissions to the general public, allowing for the redistribution and unrestricted reuse of their contributions, as long as proper attribution is given, and the same freedom is extended to any derivative works. In line with our objective of offering free information to the broadest audience possible, we insist that all submitted content be licensed in a manner that enables free reuse by anyone who accesses it, whenever necessary. Therefore, by uploading content to the Open Foresight Hub, you agree to the following licensing agreement.

The following regulations apply to all content for which copyright protection exists. This can be, for example, texts, but also photos, graphics, videos, pieces of music or other sounds. Where specific regulations apply for particular types of content, these regulations shall also be set out below.

2.1 First of all, any content protected by copyright may only be submitted with the consent of the respective rights holder and, where applicable, within the scope of the applicable Fair Use or other statutory permissive principles like the right for quotation. Quotations are to be marked as such in accordance with the legal requirements. It must be ensured that copies are only made from legal sources.

We do not adopt third-party content as our own. We reserve the right to block or delete third-party content if it violates the requirements regulated here, in particular legal requirements.

You will indemnify us from all claims made by third parties against us due to the infringement of their rights or due to legal violations based on the content posted by you. In this regard, you also assume the costs of our legal defense, including all court and attorney fees.

2.2 Content for which you hold the copyright

You acknowledge and agree to license content under the Creative Commons Attribution-ShareAlike 4.0 International License (“CC BY-SA 4.0”), when you submit content for which you possess the copyright, insofar as the CC BY-SA 4.0 license is applicable to the specific type of content.

If you own Sui Generis Database Rights covered by CC BY-SA 4.0, you waive those rights. This means that facts you contribute to the Open Foresight Hub may be freely reused without requiring attribution, as an example.

2.3 Attribution

Attribution is an integral aspect of the CC BY-SA 4.0 license, as it acknowledges the contributions of authors. When you contribute text or other content, you agree to be attributed in any of the following manners:

Hyperlink or URL: Whenever feasible, attribution will be provided through a hyperlink or URL that directs to the article to which you have contributed.

Alternative Online Copy: In cases where a hyperlink or URL is not practical, attribution may be achieved by linking to an alternative, stable online copy. This copy should be freely accessible, adhere to the relevant license, and give credit to the authors in a manner equivalent to that provided on the Open Foresight Hub.

2.4 Revocation of License

You acknowledge and agree that, except as permitted by your license, you will not unilaterally revoke or attempt to invalidate any license you have granted under these Terms of Use. Even if you decide to terminate your use and participation in the Open Foresight Hub, the licenses granted to us and others for your contributions will remain in effect.

2.5 Modifications

When you modify or add to content obtained from the Open Foresight Hub, you are required to license the modified or added content under CC BY-SA 4.0 or a later version.

It is essential to clearly indicate that the original work has been modified. For each copy or modified version of the content that you distribute, you are obligated to include a licensing notice that specifies the license under which the work is released. This notice should also contain either a hyperlink or URL directing to the text of the license or a copy of the license itself.

We are committed to ensuring that the content hosted on our platform does not infringe upon the proprietary rights of others. In order to uphold fairness for our users, creators, and copyright holders, our policy is to address notices of alleged infringement that comply with the formalities outlined in copyright legislation such as the German Copyright Act (Urhebergesetz) and Telemedia Act (Telemediengesetz), as well as the US Digital Millennium Copyright Act (DMCA).

According to these regulations, we provide copyright holders with the opportunity to report any infringing content found on the Open Foresight Hub to us through a formal takedown notice. If you are the rightful owner of content being improperly used on the Open Foresight Hub without your permission, you have the option to request the removal of such content by filing a takedown notice at takedown@openforesighthub.org or through our contact form you find in the footer of our website.

However, we acknowledge that not every takedown notice is valid or made in good faith. In such cases, we strongly encourage users to file counter-notifications if they genuinely believe that a takedown request is incorrect or improper.

To safeguard the Open Foresight Hub, we reserve the right to terminate the accounts and access of users who repeatedly engage in copyright infringement under appropriate circumstances.

You bear full responsibility for your utilization of any third-party websites or resources. While the Open Foresight Hub may include links to third-party websites and resources, we neither endorse them nor assume responsibility or liability for their availability, accuracy, or the content, products, or services they offer (including any viruses or other potentially harmful features). Additionally, we are under no obligation to monitor the content provided by these third parties.

The Open Foresight Hub relies on the active participation of its user community, including collaboration in content creation, editing, and curation. We wholeheartedly welcome your involvement in this community and encourage you to engage in civil and respectful interactions. Your contributions should align with the mission of the shared Open Foresight Hub and be made in good faith.

To ensure the safety and well-being of all users and to comply with our rules, there are certain activities that you are strictly prohibited from engaging in on our Open Foresight Hub, regardless of their legality under applicable laws. These activities may harm other users and could subject you to liability. Therefore, for your own protection and that of others, please refrain from the following activities on or while using our Open Foresight Hub:

5.1 Harassment and Abuse:

• Engaging in threatening behavior, stalking, spamming, vandalism, or harassment.
• Transmitting chain mail, junk mail, or spam to other users.
• Posting or modifying content with the intention of causing significant harm to others.
• Sharing links to websites that violate regulations or pose a threat.

5.2 Infringement of Intellectual Property Rights: Violating copyrights, trademarks, patents, or other proprietary rights as defined by applicable law.

5.3 Violation of Privacy Rights: Infringing upon the privacy rights of others, including but not limited to the EU General Data Privacy Regulation (GDPR) or other relevant privacy laws.

Soliciting personally identifiable information with the intent to harass, exploit, violate privacy, or for any promotional or commercial purposes not explicitly approved by the Foresight Academy.

5.4 False Statements, Impersonation, or Fraud:

• Knowingly posting content that constitutes libel or defamation.
• Posting or modifying content with the intent to deceive or mislead others.
• Attempting to impersonate another user or individual, misrepresenting your affiliation with any person or entity, concealing your affiliation when disclosure is required, or using someone else's name or username with the intent to deceive.
• Engaging in fraudulent activities.

5.5 Paid Contributions Without Disclosure: Disclose any and all employment, client relationships, intended beneficiaries, and affiliations related to any contribution for which you receive or expect to receive compensation.

Please be aware that violating these prohibitions may result in consequences, including the termination of your access to our services. We appreciate your understanding and cooperation in maintaining a safe and collaborative environment within the Open Foresight Hub.

5.6 Misuse of Services for Illegal Purposes: Utilizing the services in a manner inconsistent with applicable law.

5.7 Disruptive and Illegal Misuse of Facilities:

• Posting or distributing content containing viruses, malware, worms, Trojan horses, malicious code, or any other harmful device that could damage our technical infrastructure, systems, or those of other users.
• Engaging in abusive or disruptive automated use of the Open Foresight Hub Websites.
• Overburdening any of the Open Foresight Hub Websites with excessive communications or traffic that demonstrates a lack of serious intent to use the Open Foresight Hub website for its intended purpose.
• Unauthorized access, tampering with, or use of our non-public areas in our computer systems.
• Probing, scanning, or testing the vulnerability of our technical systems or networks.

6.1 We shall be liable for intent and gross negligence and according to the provisions of the German Product Liability Act. For slight negligence, we are only liable for injury to life, limb or health of persons. In addition, we are liable for slight negligence in the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the user may regularly rely. The liability in case of breach of an essential contractual obligation is limited to the damage typical for the contract.

6.2 The limitations of liability set out above shall also apply mutatis mutandis to the benefit of our vicarious agents.

7.1 The contractual relationship between you and us shall be concluded for an indefinite period of time and can be terminated by either party at any time without observing notice periods or stating reasons.

7.2 The right of both parties to terminate the contractual relationship at any time by extraordinary termination for good cause remains unaffected. An important reason exists in particular if the user persistently violates the provisions under section 5.

As we may need to update and modify these Terms of Use periodically, we reserve the right to make edits and changes to these regulations at any time. We kindly request that you regularly review the most recent version of the Terms of Use. By continuing to use our services after the updated Terms of Use have been officially announced following the notice and review period, you indicate your acceptance of these Terms of Use.

9.1 The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection laws of the country in which the user has his permanent residence conflict.

9.2 Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions.