Intellectual Property Right means and includes, without limitation, any patents, copyrights, trademarks, trade secrets, service marks, designs, database right, design right, moral right or any other property rights that grant similar rights as the foregoing, whether registered or not;
Proprietary Information means (i) the Website, (ii) the concepts, techniques, ideas, and know-how embodied and expressed on the Website, including its design, structure, sequence, and organization; and (iii) any inventions, customisations, performances, software, databases and methodologies in any manner related to the Website;
Use or Used means your, direct or indirect, access of the Website, and/or your execution, access, utilization of the Services, or displaying of information resulting from such use;
User Data means the User’s name, location, email, phone number and other relevant information shared by you in the course of Using the Website;
Grant of Right to Use, Intellectual Property Rights, Prohibited Uses
The Parties agree that you shall at all times retain the title to and the Intellectual Property Right over the User Data.
Without prejudice to Clause 2(ii) above, the Foundation shall not be restricted (a) from collecting, storing, analysing and using the data related to the Use of the Website and the Services by you; and (b) from analysing the User Data on a pseudonymised basis, for enhancing the capabilities of the Website and Services, tracking your usage of the Website and Services, tracking Website performance, and Website development. Such data shall be Foundation Proprietary Information.
Foundation shall adhere to reasonable security measures deemed appropriate by Foundation, for the commercial deployment of the Website including, without limitation, using reasonable measures to secure the User Data from unauthorised access and modifications.
You acknowledge that between you and Foundation the ownership of and title in and to all Intellectual Property Rights on the Website, Services and the Proprietary Information, are and shall remain with Foundation.
You hereby warrant that you have all necessary authority, approvals and consents to share the User Data with us.
YOU HEREBY UNDERSTAND AND ACKNOWLEDGES THAT FOUNDATION DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE OR THE SERVICES SHALL COMPLY WITH, ADHERE TO OR BE FIT FOR, YOUR REQUIREMENTS. BY ALLOWING USE OF THE WEBSITE AND SERVICES, FOUNDATION DOES NOT UNDERTAKE ANY RESPONSIBILITIES FOR ANY LIABILITIES OR CONSEQUENCES THAT MAY ARISE OUT OF SUCH USE. FOUNDATION IS NOT RESPONSIBLE FOR ANY FAILURE OF ANY LINKS UTILISED BY YOU TO GAIN ACCESS TO AND USE THE WEBSITE AND/OR SERVICES OR ANY PAYMENT LINKS USED ON THE WEBSITE. FOUNDATION DOES NOT REPRESENT THAT THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTEDLY AVAILABLE OR BE ERROR FREE. FOUNDATION HAS NO CONTROL OVER THE USER DATA UPLOADED OR GENERATED BY YOU IN THE USE OF THE WEBSITE AND SERVICES. FOUNDATION UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY OTHER PERSON MAY SUFFER DUE TO ANY USER DATA INPUTTED BY YOUR USE OF THE WEBSITE AND SERVICES.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FOUNDATION HEREBY DISCLAIMS AND EXPRESSLY WAIVES ALL OTHER CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF FOUNDATION OR THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR OF NON-INFRINGEMENT EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ABOVE.
Limitation of Liability
The Foundation hereby clarifies that it does not offer any goods or services as set forth in Article 3(2) of the General Data Protection Regulation (GDPR). Thus, the GDPR shall not be applicable to the Foundation and the Website.
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