2. DESCRIPTION OF THIS PORTAL AND AVAILABILITY
The ZFEP innovators portal ‘Sustainnovate’ is a global open innovation platform for renewable energy and sustainable development. The portal will provide an opportunity for innovators and entrepreneurs to share information, connect and collaborate around new technologies, projects and big ideas, and engage directly with the marketplace.
Registered and certain unregistered members of this Portal are authorized to Post to this portal. Unregistered members include users who are authenticated through a third-party platform, including without limitation, Facebook, Twitter and Linkedin. Any comment, opinion, review, content, creation of a Profile (defined below), communication and/or material posted or submitted on or through this portal are referred to herein as “Post”, “Posts” or “Posting”.
Portions of this portal will be available to all users of the portal regardless of registration status. You must register, however, to access “Members Only” sections (see below), tools and features on this portal (e.g. you can comment to a post only if you are registered).
This portal is hosted and administered by the Zayed Future Energy Prize (ZFEP).
You (and not ZFEP) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the portal, and paying all charges related thereto.
ZFEP is making this Portal available to you “as is”. We reserve the right to discontinue this Portal, or otherwise supplement, change, or modify its appearance and/or any features or functions of this Portal, in any way, in whole or in part at any time for any purpose without notice. WE SHALL NOT BE LIABLE AND SHALL HAVE NO OBLIGATION TO YOU OR YOUR BUSINESS IN THE EVENT WE EXERCISE OUR RIGHT TO DO SO.
3. AUTHORITY AND CAPACITY
You represent and warrant, and covenant that you are at least eighteen (18) years old and have the power, authority and capacity to enter into this agreement.
By using the Portal, you signify you meet all of the foregoing criteria, and agree any action taken by you on the Portal shall be deemed an action taken by you and your Business.
4. MEMBERS ONLY REGISTRATION AND PROFILE CREATION
To access “Members Only” sections, tools and features on the Portal, you must first log in using your User ID and password. If you do not already have a user name, you can create one by following the instructions on the Log In page.
We may ask you to provide profile and contact information. If you wish to become a member, you must provide us with true, accurate, and current information. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information or another person's name, likeness, voice, image or photograph. If we have reason to suspect any such information you provided is not authorized, correct, current, or complete, we may among other remedial options refuse you access to the Portal or any of its resources without notice.
You are solely responsible for acquiring all necessary authorizations/ approvals related to your upload of said photographs or other Posts to the Portal. Photographs may not contain any unauthorized depiction of any trademarks, trade names, third-party copyrighted material, or any material owned by any third party.
5. ADDITIONAL AGREEMENTS INCORPORATED BY REFERENCE
In addition to the terms and conditions of this document, use of this Portal is subject to and you are also agreeing to be bound by the
- Sustainnovate Disclaimer, and
ZFEP reserves the right to change these terms and conditions from time to time. By continuing to use the Portal following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Portal.
7. POSTING AND LICENSE TO ZFEP
You may retain any and all applicable copyright, patent and other intellectual property ownership rights with respect to any Post/Protectable Invention you submit using the Portal to the extent you have such rights under applicable law.
“Protectable Inventions” is defined to mean any concepts, creative ideas, product service or business models, inventions, designs, software, procedures, applications, methods, improvements, programs, or other content sent directly to ZFEP or Posted on or through this Portal by you, that are proper subject matter under any applicable patent laws, such as the Patent Laws of the United States, 35 U.S.C. et. seq. or those of other applicable countries.
ZFEP may in its sole discretion reference or use and publish your Posts/Protectable Inventions in any media or medium now known or hereafter invented without remuneration, obligation or attribution to you.
You can learn about Protectable Inventions, whether the information you plan to Post is protectable and how you can protect it by contacting a qualified patent attorney, and reviewing resources at the applicable patent office websites, for example, the United States Patent and Trademark Office website: www.USPTO.gov
To avoid the possibility of future misunderstanding or conflicts that may arise on this Portal, or our customer research, we are NOT seeking submission of your Protectable Inventions.
Therefore, please do not Post or otherwise send to ZFEP any Protectable Inventions.
If you nevertheless choose to Post or otherwise submit any Protectable Inventions to us, in doing so you are providing the license as provided herein.
Anything you Post with the Portal, including without limitation Posts/Protectable Inventions, are freely available for our use as provided herein. No element of your Posts or the Protectable Inventions you communicate to us will be subject to any obligation of confidence, privacy or secrecy.
ZFEP WILL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF SUCH POSTS AND/OR PROTECTABLE INVENTIONS BY ZFEP, SUSTAINNOVATE MEMBERS OR ANYONE ELSE.
SINCE ALL POSTS AND/OR PROTECTABLE INVENTIONS BECOME PUBLIC INFORMATION AVAILABLE EITHER TO ZFEP OR SUSTAINNOVATE MEMBERS OR USERS IN GENERAL, YOU MUST ALWAYS EXERCISE CAUTION WHEN DECIDING TO POST OR DISCLOSE ANY CONFIDENTIAL OR PRIVATE INFORMATION.
All Posts and Protectable Inventions made to this Portal are subject to the following terms:
- ZFEP is not required to use any such Posts/Protectable Inventions you provide, but it may do so at its sole discretion without remuneration, obligation or attribution to you.
- You represent and warrant you have the right to grant the licenses stated herein
- You hereby grant ZFEP, its affiliates and licensees/transferees, a perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable, unrestricted license in such Posts/Protectable Inventions.
- This license to use the Posts/Protectable Inventions includes without limitation:
- rights to all related copyright, patent, trademark, trade secret or other intellectual property rights, together with all consents (if any) and covenants not to sue, to enable the unrestricted practicing, making, having made, use, display, indexing, commenting upon, reproduction, distribution, modification, creation of and/or use of derivative works, of, from or related to said Posts and Protectable Inventions, and
- rights to publish and/or otherwise use, practice, make, manufacture, have made, perform, display or other exploitation of your Posts/Protectable Inventions for any purpose commercial or otherwise, by any means, and in all media formats and channels now known or hereafter devised, in whole or in part, alone or with other material, with or without edits, without notice and without obligation, remuneration, payment, accounting, or other reference or attribution to you or any other person for the full statutory period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity.
If your Posts contain any statements about or related to ZFEP or its products or services, or any other company or person, such statements shall be accurate, correct and honest expressions of your personal experience and belief. ZFEP shall have the right to publish or use any statements made by you in your Posts in its advertising, marketing or promotional materials in any media now or hereafter known (in addition to on this Portal), with or without edits (provided the general sense of the statements is not changed), alone or with other material, without notice or payment to you, with or without your username, forever without restrictions.
To the maximum extent permitted by applicable law, you waive all moral rights, rights of attribution, rights of privacy and publicity in the Posts/Protectable Inventions which may be available to you in any part of the world and confirm that no such rights have been asserted.
You represent and warrant, to the best of your knowledge, all such Postings/Protectable Inventions provided by you are original, non-infringing and not owned, encumbered, originated, or derived from or otherwise controlled by a third party.
LIMITATION OF LIABILITY ON OUR USE OF POSTS/PROTECTABLE INVENTIONS: TO THE EXTENT THE LICENSE IN THIS SECTION IS NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ZFEP ITS LICENSORS, SPONSORS, AGENCIES AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, FOR ANY CLAIM ARISING FROM THE USE, PRACTICE, MAKING, HAVE MADE, PERFORMANCE, DISPLAY OR ANY OTHER EXPLOITATION OF YOUR POSTS/PROTECTABLE INVENTIONS FOR ANY PURPOSE COMMERCIAL OR OTHERWISE SHALL BE ONE THOUSAND DOLLARS ($1,000.00).
8. RULES OF CONDUCT
You must not Post anything that contains:
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, personal line size, or employer references.
- Messages by non-spokesperson employees of ZFEP purporting to speak on behalf of ZFEP or containing confidential information or expressing opinions concerning ZFEP.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Chain letters of any kind.
- Anything that infringes the intellectual property rights of any person or entity.
- False or misleading information or content.
- Competitive business information about another business or company.
- Links to other websites and/or blogs that contain, promote or facilitate: religious or political organizations, hate or anti-government propaganda or activities, adult-themed or oriented material or services, gambling material or services, illegal activities or content, pornography or sexually explicit material or services, illegal drugs or business, alcohol, tobacco or firearms/weapons.
- Software that could disrupt, damage, disable, burden or impair the Portal.
- Advertising (e.g. offering for sale products or services), soliciting or offering to sell any goods or services unrelated to your Business.
- Exceed the volume of messages in a given period of time that a single human can reasonably manually produce in the same period by using a conventional on-line web browser uploading Posts one at a time.
You must not:
- reproduce, duplicate, download, post, display, publish, re-license, transmit, copy, sell, resell, or exploit for any commercial purposes, any portion of, use of, or access to the Portal.
- modify, create derivative works of, adapt, translate, reverse engineer, decompile, or disassemble any portion of any software available for download through the Portal.
- disobey any requirements, procedures, policies or regulations established from time to time regarding use of this Portal or any networks connected to this Portal.
- use the Portal to communicate any information, or to engage in any discussion, that would violate any law or regulation, including but not limited to applicable antitrust or competition laws.
- engage in hacking, cracking, “phishing”, “phreaking” or any other activity to circumvent established Internet security measures on the Portal or elsewhere.
- disrupt the normal flow of communication and dialogue on the Portal, causing a screen to scroll faster than other users are able to type, or otherwise acting in any way which adversely affects the ability of other users to engage in real time activities on the Portal.
- remove any copyright, trademark, patent or other proprietary rights notice on any content or Post, either on the Portal or any authorized downloaded copy.
- interfere with or disrupt the operation of the Portal, or the servers or networks that provide the Portal.
- harvest or collect emails or any information about other users or companies using this Portal.
- use any robot, spider, Portal search/retrieval application, or other manual or automatic device to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any of the Portal.
- install, upload, post a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or similar program that is harmful, invasive or is otherwise intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
11. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO ZFEP REGARDING ALLEGED COPYRIGHT INFRINGEMENT
If you believe in good faith that any material provided through the Portal infringes upon your copyright, you may send notice to ZFEP requesting that the material or access to the material be removed. The notice must include all of the following:
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
- sufficient identification of the allegedly infringing material;
- sufficient information as to the location of the allegedly infringing material so that it may be found on the Site and identified;
- the copyright owner name or person authorized to act on behalf of the copyright owner name, physical address, telephone number and, if possible, email address;
- a written statement by the copyright owner or person authorized to act on behalf of the copyright owner of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information provided in the notice is accurate, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. UNAUTHORIZED ACCESS OR USAGE; FRAUD INVESTIGATIONS.
You are solely responsible for all activity occurring under your username and password, and are prohibited from sharing or disclosing your username and password. Therefore, please safeguard your registration information. You should exit your account at the end of each usage session. You may not yourself or You must not allow others to impersonate or otherwise use your Portal username and password. You must promptly notify us of any unauthorized use of your Portal username and password or any other breach of security you become aware of involving or relating to this Portal.
You shall immediately contact us at Sustainnovate@zayedfutureenergyprize.com in the event you become aware that the security of your username and/or password may have been compromised.
If there is unauthorized use of your registered account/user name, or if a wireless device used to access the Portal is lost or stolen, of if your phone number changes you must immediately notify us. We have the right to interrupt or restrict use or access to the Portal, without notice to you, if we suspect fraudulent or abusive activity.
You shall cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.
15. DISCLAIMERS REGARDING WIRELESS COMMUNICATIONS
The Portal may be accessed via wireless devices, however such access and use of the Portal occurs across the networks of a number of wireless service providers. ZFEP does not operate these networks and has no control over the operations of the wireless service providers. We will not be liable to you if circumstances beyond our control interrupt, prevent or otherwise affect the transmission, communication, Post, transaction or otherwise interfere with the integrity of thereof, including, without limitation, unavailability of wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. ZFEP disclaims any responsibility for any wireless service used to access the Portal.
Use of the Portal wirelessly involves the electronic transmission of personal financial information across the networks of wireless service providers. Because we do not operate or control the wireless networks used to access ZFEP Mobile, we cannot guarantee the privacy or security of wireless data transmissions. Additionally, the wireless device browser is generally pre-configured by your wireless Internet service provider. Check with your service provider for information about their privacy and security practices.
ZFEP will treat your data in accordance with the Privacy Statement.