Terms & Conditions
May 15, 2018
Welcome to Entnest! Entnest Sàrl is a company registered as of September 2015, in Geneva, Switzerland. The intent of Entnest is to improve the possibility for our Members to Achieve Success Faster by way of using our platform to more easily find and share relevant information and connect with Members to mutual create value. Our Members are; (1) People who have Entrepreneurial aspirations (Physical Person), (2) already are Entrepreneurs (Legal Entities which can be of different types) and Entrepreneurship Support organizations either (3) as Partners or as Sponsors, Investors, Talent organizations, Donors etc.
There will be updates to these Terms & Conditions (“T&Cs”) from time to time. At the top of this page you find the version date of our T&Cs. The latest version supersedes all previous versions, is always available and is in force. You are bound by our latest version of these T&Cs and by using our Services, you consent to our T&Cs. You are responsible for your actions. Your privacy is of course essential to us! Entnest is responsible, within the limit of our resources, to keep the data you provide us as safe as possible and following GDPR
Our electronic platform (functions, tools, content etc) and In Real Life meetings (all together, “Service” or “Services”) was launched in September 2016. From time to time, there will be updates to our Services. Entnest reserves the sovereign right to amend, remove or vary our Services as we see fit.
If there are differences between language versions inside of Entnest, the English version has precedence.
Your use of our Services is subject to you accepting our T&Cs as set forth herein. You join Entnest first as a Person and from this Personal profile, you can setup higher profile(s) for your venture(s) and / or Support organization(s) you represent. Your agreement to these T&Cs are also valid for any higher profile that you would decide to set up from your personal profile.
You agree that by clicking “Apply”, “Join Now”, “Register”, “Sign Up” or similar, registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Entnest. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Apply” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract at any time you can do so by closing your account and no longer accessing or using our Services.
You agree that you will provide us with true and correct personal information such as your valid, current email address, both at the time of your registration with us and from time to time as your information changes. You will also provide other personal information that is required in order for Entnest to provide the best possible Services to you and all our Members.
Our Services is intended to benefit all Members through positive use as described in our Community Guidelines. Nevertheless, you should understand that by using our Services, you may be exposed to information that can be offensive, indecent or objectionable.
If you interact or transact with any Member who you feel is acting or has acted inappropriately, you should immediately notify us via Contact Us → Report. Unacceptable actions or behavior includes, but is not limited to;
- any form of fraud or known incorrect usage;
- infringement of any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- link directly or indirectly to any materials to which you do not have a right to link to;
- violation of any law, statute, ordinance or regulation;
- defamatory, unlawfully threatening or unlawfully harassing;
- obscene or contain photographs of unclothed person(s);
- use of or inclusion of viruses, Trojan horses, worms, logic bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- intent to create liability for us or cause Entnest or other Members to lose (in whole or in part) tangible or intangible value.
In short, you are responsible for your actions and will take the consequences for them.
Entnest welcomes and encourages all Members to provide improvement suggestions in order to further enhance Entnest and the functionalities to the benefit of all our Members and to society as a whole.
Our Service is available to all individuals who are at least 18 years of age. Our Service is not available to any temporarily or indefinitely suspended Entnest Member.
By applying to use our Services, you represent and warrant that you are at least 18 years of age. Each person can only have one Membership, but there can be several profile types under the Membership. Every Membership starts by applying for a Personal Profile Basic which is free of charge. The Personal Profile can be upgraded to Plus which provides very valuable additional features for a very small fee. Additional profiles can be added for your Venture(s), or if you are representing a Supporter organization. Additional eligibility requirements for particular profile types do apply.
Entnest reserves the sovereign right to decide on exclusion or any other type of sanctions we see fit. You understand and consent to avoid anything that can be judged reason for exclusion or other type of sanctions by Entnest.
If you would get excluded or get any other type of sanction, you understand there will be no refunds or any other forms of compensation from Entnest or its representatives to you.
Access to our Services through your Personal Profile Basic is free of charge.
You can decide to upgrade to a Plus membership and / or add further profiles from your Personal Profile for further features and benefits.
We are giving you additional rebates for signing up before January 1, 2020. All costs are shown in Swiss Francs (CHF). CHF 1 is roughly equivalent to USD 1. The costs shown are for an annual subscription.
The list of additional features and benefits is under development and will be continuously extended.
Entnest reserves the sovereign right to set and change the number of free days and fees when and as we see fit.
Payment for the Services are to be made by you in full and in advance through the specified payment method if nothing else is separately agreed.
Any Member who receives compensation from another Member acknowledge and agree that such receipt is a third party transaction that Entnest has no responsibility for. Entnest is not acting as an agency in any way or form.
For the purposes of these T&Cs, Intellectual Property Rights (“Intellectual Property Rights”) means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
We respect all Intellectual Property Rights of others. Posting content that violates another party's intellectual property rights is prohibited.
You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Entnest or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
If you believe that your Intellectual Property has been copied in a way that constitutes an infringement and is accessible via our Service, please notify us via Contact Us → Report and provide proof of your ownership right and what you believe is appropriate evidence of the violation in order for us to investigate the case.
If you knowingly misrepresent that information accessible through our Services is infringing, you may be subject to criminal prosecution for perjury with consequences of civil penalties, including monetary damages, court costs and attorneys' fees.
You agree not to display or use in any manner the Entnest name and / or logo without Entnest's prior written consent.
Subject to your compliance with our T&Cs, Entnest grants you a limited, non-exclusive, non-transferable license, to access and view any Entnest Content solely for your personal and non-commercial purposes solely for the purposes expressly permitted by the Service. You have no right to sublicense the license rights granted in this section unless separately and in advance consented to by Entnest.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service, except as expressly permitted in these T&Cs. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Entnest.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, reviews, pictures, and other content or information (“Member Content”). For the avoidance of doubt, Member Content shall include all information posted, transmitted, or otherwise made available by Members on the Service in connection with the creation of a Membership or usage of our Services.
6.1 You agree not to post Member Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that you know is not correct and current or
- violates any school or other applicable policy, including those related to cheating or ethics.
You understand that publishing your Member Content on the Service is not a substitute for registering it with a Copyright Organization.
6.2 In connection with your Member Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the Member Content to use such person’s name or likeness in the manner contemplated by the Service and these T&Cs, and each such person has released you from any liability that may arise in relation to such use.
- Your Member Content and Entnest's use thereof as contemplated by these T&Cs and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Entnest may exercise the rights to your Member Content granted under these T&Cs without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all the Member Content and other information that you provide to us is truthful and accurate.
Entnest takes no responsibility and assumes no liability for any Member Content that you or any other Member or third party posts or sends over the Service. You shall be solely responsible for your Member Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content.
You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Entnest shall not be liable for any damages you allege to incur as a result of Member Content.
By posting any Member Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Entnest a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Entnest’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the Service a non-exclusive license to access your Member Content through the Service, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Service and under these T&Cs.
6.3 You acknowledge and agree that Entnest may disclose your Member Content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:
- comply with a current judicial proceeding, a court order or legal process served on us or our website,
- enforce these T&Cs,
- respond to claims that your Member Content violates the rights of third parties;
- protect the rights, property or personal safety of Entnest, its employees, Members and the public; or
- enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which these T&Cs relates, or upon any other corporate reorganization, subject to the promises made in these T&Cs.
You agree that Entnest may show your Profile picture / logo on our landing page related to a testimonial you have given or as a fact that you are a Supporter or equivalent of Entnest.
When you complete our registration process you will create a password that will enable you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Entnest cannot and will not be liable for any loss or damage arising from your failure to comply with this.
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You understand and agree that you use, download or otherwise obtain material or data through the use of our Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of such material or data.
You understand and agree that you are responsible for your activities on or related to our Services and you will take the consequences for your own development and the development of your ideas, intentions, plans and anything else related to the intent of our Services and the reason why you use our Services.
- for lack of use,
- if we believe that you have violated or acted inconsistently with the letter or spirit of our T&Cs or the documents or agreements it incorporates by reference,
- if we are unable to verify or authenticate any information you provide to us, or
- if we believe that your actions may cause legal liability for you, our Members or us.
You agree that any termination of your account or access to all or any portion of our Services under any provision of these T&Cs may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Services.
You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of our Services. Termination or suspension of your use of our Services will not result in refunds of any fees or other charges paid, if any, and you will forfeit the remaining period of your paid membership fee, if any.
By agreeing to these T&Cs, all disputes, claims or controversies arising out of or relating to these T&Cs decided by negotiation, neutral mediation and/or neutral arbitration, you are giving up any rights you might possess to have those matters litigated in a court or jury trial.
Also, by agreeing to these T&Cs you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under these T&Cs. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Entnest is intended or created by this Agreement.
You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Entnest, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Entnest's assets, or similar transaction.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Entnest nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Services, your Member Content, your violation of any law or the rights of a third party, or your participation in activities organized by or through our Services.
Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by either;
- certified postal mail to: Entnest Sàrl, 9, Chemin de Chaumont, 1232 Confignon, Switzerland, or
- by email to: firstname.lastname@example.org
Any notice to you shall be given to the email address that you provided us during the registration process.
Notice given by postal mail shall be considered given five (5) days after the date of mailing. Notice shall be considered given 48 hours after email is sent.