http://www.zeitzfoundation.org (the “Site”) and the content contained herein is the property of the Zeitz Foundation for Intercultural Ecosphere Safety, a registered non-profit organization in Germany with its business address at c/o UBS Deutschland AG, UBS Sauerborn, Louisenstraße 120, 61348 Bad Homburg v.d.H., Germany (hereinafter the "Foundation," “Zeitz Foundation” "we," "us," etc).
Most users of this Site are employees or other agents of entities, so references to "you" or “Applicant” means both:
(1) any entity or individual that is your employer or for whom you act as agent, and
(2) the "user" individually unless otherwise stated on the Site or in these Terms. Persons under 18 years of age are not authorized to use the Site.
These Terms are an agreement between the Foundation and you and govern your use of the Site and all information on or submitted through it.
Article 1. Use of Content
The Site contains a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the Site ("Content"). Much of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also have a significant amount of Content that we have designated as Content that may be downloaded by you pursuant to these Terms ("Available Content"). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL OR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
This Site is controlled by us from our offices within Germany. If you choose to access this Site from locations outside of Germany you do so at your own risk and you are responsible for compliance with any applicable laws. You may not use or export anything (including information) from the Site in violation of German laws, regulations or the Terms.
Article 2. Registration and Creating Profiles
For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something (e.g. a grant). Completion of the process will usually create an account with a user name and password or other identifier, which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or the Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, the Foundation may suspend or terminate your access, application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively "Third Parties"), as being a use made by you, even if someone else used your identifier.
Article 3. G.E.R Certification – Applicant Criteria.
You may wish to apply for Global Ecosphere Retreat (G.E.R) certification. Article 3 along with the remaining terms and conditions herein set forth the criteria to apply for G.E.R certification by the Zeitz Foundation. You must meet the following criteria to apply for G.E.R. certification: (The following shall only apply in instances where G.E.R Certification is being sought by you)
3.1. You balance conservation, community, culture and commerce (hereinafter referred to as the “4Cs”) while working towards sustainability (i.e. promoting, living and working with a new perspective of inclusion that involves all of the needs of land and people, and all the species and diverse interests that interconnect them) in accordance with the G.E.R. certification system.
3.2. You are a privately managed natural area of conservation value with identified and valued ecodiversity with defined geographical boundaries that is dedicated to achieving sustainability across the 4Cs. Privately managed natural areas are natural or wilderness areas neither managed nor governed by any government. These can include areas whose ownership, management authority and responsibility belong to: a private individual (such as a single land owner) or individuals (with shared ownership); private company; non-governmental organization (NGO), community or a cooperative.
3.3. You may be located in any part of the world, may be of any size and may be situated in different ecosystems such as terrestrial, marine or coastal areas.
3.4. You agree to these terms and conditions and additional terms as reasonably required by the Foundation.
3.5. You comply with all applicable laws including without limitation, laws regarding land ownership, labor and environmental laws, regulations about conservation and community interaction and/or permits to undertake responsible and ecologically sustainable commercial activities including tourism.
3.6. You voluntarily pledge to submit to the requirements of the G.E.R. certification process, engaging, when and where appropriate, with the Zeitz Foundation, the Fair Labor Association, third-party assessors, NGOs, and community liaisons as identified by the Zeitz Foundation. You voluntarily pledge to fulfill the requirements of the G.E.R. certification process in order to apply for membership.
3.7. You honor the 4 key principles of conduct – being Fair, Honest, Positive, and Creative – in all decisions and actions taken. The 4Key principles apply to the whole of the ecosphere, which means being Fair, Honest, Positive, and Creative towards the land and the species that interact with it and to the people who are partners in its sustainable development. These principles are outlined as follows:
Fair means balanced. It means we see both sides, and resist the pressures that can push us into extreme ways of thinking, working or living. It further means we are open to all, and refuse to discriminate against people or make judgments based on gender, race, religion, political persuasion, sexual preference, or way of life. And being fair means listening as much as we talk, and giving back as much as we take.
Honest means sincere. It means not faking it, walking the walk as much as we talk the talk. It means putting our money, our time and our energy where our mouth is. And being honest means admitting our mistakes, and owning up to our responsibilities.
Positive means constructive. It means building things – and people – up, not breaking them down. It means suggesting rather than criticizing, and working for solutions and supporting others when they try, encouraging them when they fail, and celebrating with them when they succeed. It means “we can” more often than “we can’t.”
Creative means imaginative. It means thinking outside the box. Being creative means finding a way around a problem, rather than stopping when the walls are too high. It means looking at new ways, listening to new ideas and trying new strategies. It means striving for the most innovative solution because just being good enough is never good enough.
3.8. You acknowledge that the Zeitz Foundation or you may withdraw from the G.E.R. application process for any reason upon thirty days prior notice.
3.9. You understand that there shall be no discrimination on the basis of race, national origin, religion, creed, sex, sexual orientation, gender identity, age, or disability in either the selection of applicants for participation in the G.E.R. alliance, or as to any aspect of the application or certification process or in the dealings between the parties.
3.10. You acknowledge that the Zeitz Foundation will assign a staff representative as a liaison between the Zeitz Foundation and you. The evaluation and review of documents provided by the Applicant, such as the Self-Assessment and the E4C-Plan, shall relate only to the G.E.R application process and shall in no way be construed as either a certification by the Zeitz Foundation as to the competence of the Applicant or a representation by the Zeitz Foundation of any Applicant's ability or competence in connection with the practical implementation of any knowledge gained through the interaction with the Zeitz Foundation
3.11. Upon request, you shall, in a timely fashion, provide the Zeitz Foundation with all reasonable records evidencing the following:
(i) Verification that the entity is a privately managed natural area of conservation value with valued and identified ecodiversity that is dedicated to achieving sustainability across the 4Cs.
(ii) Verification of the exact location of the entity including information about the ecosystem, such as terrestrial, coastal, marine or a mixture thereof; and the area (in ha.) under management or defined geographical boundaries.
(iii) Verification that the location complies with all applicable laws including without limitation, laws regarding land ownership, labor and environmental laws, regulations about conservation and community interaction and/or permits to undertake responsible and ecologically sustainable commercial activities including tourism.
3.12. You further agree to respect the principles enshrined in the below international treaties and conventions irrespective of whether the particular treaty or convention has been signed, ratified and enacted by the respective national government. This extends in particular but not exclusively to the following treaties and conventions:
§ Universal Declaration of Human Rights (UDHR)
§ Core conventions of the International Labour Organization (ILO)
§ Convention on International Trade in Endangered Species of Wild Fauna and
§ Convention on Biological Diversity (CBD)
§ Convention on Migratory Species (CMS)
§ Global Sustainable Tourism Criteria (GSTC)
§ World Anti-Doping Code of the World Anti-Doping Agency (WADA)
§ Conventions of the UN Educational, Scientific and Cultural Organization (UNESCO) regarding the preservation and promotion of creative diversity
§ United Nations Declaration on the Rights of Indigenous Peoples
3.13. You will encourage all staff members at the location to comply with the principles and procedures of the Zeitz Foundation, and use your best efforts to keep staff informed as to the same and any changes therein.
3.14. You shall have the full responsibility for the conduct of any of its staff member.
3.15. Certification as a G.E.R.-certified Long Run Destination shall be at the Zeitz Foundation’s sole and exclusive discretion. Applicant acknowledges that once certified, Applicant must update the strategic plan (E4C-Plan) when changes occur and Applicant will be subject to a follow-up assessment within 2-3 years after the initial assessment .
3.16. As a condition to G.E.R Certification, Applicants may be required to sign a copy of these terms and conditions and such additional terms as may be required by the Zeitz Foundation. In the event you are G.E.R.-certified by the Zeitz Foundation, you represent and warrant that you meet the standards set forth in Article 3 and shall continue to comply with the criteria set forth in Article 3 and these terms and conditions until the relationship is terminated. Either party may terminate their relationship at any time, for any reason upon 30 days prior written notice.
3.17. The G.E.R. Certification application procedure consists of the four main steps outlined below (to be further specified by the Foundation):
A. Acceptance of the Term and Conditions
B. Self – Assessment
D. Acceptance of Supplementary Agreement
A. Independent Assessment
B. Feedback Session
A. E4C Plan
A. E4C Plan Updates
B. Follow – up Reviews.
Article 4. User Generated Content and Activities
A. User Generated Content.
Sometimes you may wish to provide Content, such as by uploading a video or information, or submitting comments on a blog or in a community forum or chat room. When you provide Content, you:
(i) represent and warrant that the Content is:
(a) wholly your original work, or
(b) that you have all necessary right, title, interest and licenses to upload it and make it available to the Foundation and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in the Content. As used here, "adverse consequence," means a restriction governing the Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in the Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to the Content;
(ii) grant the Foundation, its affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads the Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the Content; (ii) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determined by the Foundation or other licensed person in its sole discretion) to allow the Foundation or other licensed person to fulfill its charitable or governmental mission, to further its related operations, and to create, advertise, operate and manage the Site.
In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) without undertaking a duty to do so, protect the rights, property, or personal safety of the Foundation, its users and the public.
You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to:
(i) be defamatory, obscene, invasive to another person's privacy or protected data, or tortious; (ii) be infringing upon anyone's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to the Foundation above).
The Foundation anticipates that substantial Content or even assistance will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance (such as Foundation help with a report you are obligated to make) will need your review. YOU AGREE NOT TO RELY ON CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of the Foundation.
B. Site Activities. The Site is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can change a grant description at any time even if you have already applied, and not all jobs or grants may be posted at all or on the Site – we use various methods for pursuing our mission and they are not limited to the Site. Also, we or Third Parties might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a job or grant description even if you have already taken action based on it.
Article 6. Infringement. Our Site, including the Content, is protected by intellectual property laws and you agree to respect them. See the "Additional or Required Notices" section of these Terms for more information about our trademarks and copyrights. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed, may provide a notice to our copyright agent—see the Additional or Required Notices section of these Terms. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
Article 7. Feedback
We hope that you will provide your Feedback (as defined below) so that we may better support, improve and pursue our charitable mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant a License to the Foundation (as defined below) in your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to the Foundation. "Feedback" means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using the Site or provide about it, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Site or in other fora or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise.
As used above, "License to the Foundation" means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to the Foundation to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting the Foundation's charitable purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content. The License to the Foundation is in addition to any (if any) that you may be required to provide under any separate agreement between us and you (including grants or other agreements).
Article 8. Indemnification
You agree to indemnify, defend and hold harmless the Foundation and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
Article 9. NO WARRANTIES
THE SITE AND ALL CONTENT (regardless of who generates it), SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, THE FOUNDATION OR THIRD PARTIES (collectively, "COMPLETE SITE") ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Article 10. DAMAGES
Article 11. EXCLUSIVE REMEDY
Article 12. Linked Sites
Our Links to Other Sites: Our Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).
Your Links to Our Site: You are not permitted to link or shortcut to our Site from your Web site, blog or similar application, without obtaining prior written permission from us.
Article 13. Modifications
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.
Article 14. GOVERNING LAW AND JURISDICTION
These Terms and your use of the Site are governed by the laws of Germany without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, "Mandate") to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Germany except to the extent you are prohibited from doing so by a Mandate.
Article 15. Notices
Notice to You: You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Site.
Notice to Us (Our Legal Notices Address): We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to the following ("Our Legal Notice Address"):
c/o UBS Deutschland AG
61348 Bad Homburg v.d.H.
Article 16. Termination or Cancellation
You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel this agreement with or without cause and at any time and without prior notice. This is so even if you elect to store documents on this site such as your resume for use in a job application or a draft of a grant application, so make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see "Entire Agreement; Miscellaneous") and you will still be liable for obligations incurred before the agreement or access ended.
Article 17. Entire Agreement, Miscellaneous
Article 18. System Requirements
Depending upon what you would like to do with the Foundation (e.g. if you want to download certain items), you may need to make adjustments to your computer hardware or software so that you will be able to view or receive documents as intended by us. We reserve the right to change system requirements at any time without prior notice. If we were required to obtain your consent to dealing with us electronically and we change our system requirements, we will give notice and a right to withdraw your previous consent, if and as required by applicable law.
Article 19. Electronic Transactions
We and each of the Third Parties may deal with you electronically now and in the future in their respective discretion during the entire course of activities pursued with you (e.g., applying for, obtaining, implementing, terminating and enforcing a grant or anything else), including but not limited to having you electronically sign documents and receive electronic notices. We and each of the Third Parties also reserves the right to deal non-electronically and to require you to do so.
Article 20. Additional Notices
Various laws require or allow us to give users certain notices and each of them is incorporated into these Terms. Users may review the notices by clicking on their link:
Notice: No Harvesting or Dictionary Attacks Allowed
The Foundation will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate Foundation personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message in violation of applicable law that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Notice Regarding Trademarks
The trademarks used in the Site are owned by (1) the Foundation or (2) their respective trademark owners, and are either trademarks or registered trademarks of the Foundation. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any Content. All rights are reserved. For purposes of these terms and conditions, the “Zeitz Foundation Trademark(s)” shall mean all registered trademarks, trade names, service marks and service names registered by the Zeitz Foundation. You acknowledge that all use of the Zeitz Foundation Trademarks(s) shall inure to the benefit of the Zeitz Foundation and that you will make no use thereof except as specifically permitted in writing by the Zeitz Foundation. You shall not do or authorize or permit to be done any act or thing which will or may in any way adversely affect any rights of the Zeitz Foundation in and to the Zeitz Foundation Trademarks or which directly or indirectly will or may diminish the value of the Zeitz Foundation or detract from the Zeitz Foundation or the Zeitz Foundation Trademark’s reputation or good will. You shall not register or attempt to register in any country any of the Zeitz Foundation Trademarks or any name or designation, including where applicable any domain name, comprising or incorporating a name or designation which is identical or similar to the Zeitz Foundation Trademarks. Uses of the Zeitz Foundation Trademarks shall not vest in you any title to the Zeitz Foundation Trademarks or right or presumptive right to continued use. You shall not, at any time, attack or question the Zeitz Foundations title or rights in and to the trademarks in any jurisdiction. You shall promptly notify the Zeitz Foundation, in writing, of any use you learn of which may be a material infringement or imitations by others of the Zeitz Foundation Trademarks.
Notice Regarding Copyright Ownership: Copyright 2009 The Zeitz Foundation for Intercultural Ecosphere Safety and/or its affiliates and suppliers. All rights reserved.
All Services provided on the Site and any services or Content provided on any related site owned, operated, licensed or controlled by the Foundation or any of its units or affiliated entities (collectively, "Group"), are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by the Foundation or others in the Group or their licensors (which may include you). Except for Available Content or Content that you own, no Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of the Foundation or its designee. Modification or use of the Available Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with the Foundation or others in the Group.
Notice Regarding Copyright Agent
The Foundation respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Site.
Copyright infringement claims and notices should be sent in the following manner to:
c/o UBS Deutschland AG
61348 Bad Homburg v.d.H.
Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
Article 21. Confidential Information
"Confidential Information" consists of information relating to the Foundation’s business, which derives economic value, actual or potential, from not being generally known to others. Confidential Information may be written or oral, tangible or intangible and may be information or materials designated by the Foundation as being confidential or may be information or materials, which under the circumstances surrounding disclosure, should reasonably be considered as confidential. Confidential Information disclosed to you by the Foundation's parent company, subsidiary, advisor, agent, or associated companies (if any) is covered by this Agreement. Confidential Information includes, without limitation, computer programs and systems, processes, methods and techniques, data, financials, reports, know-how, designs, distribution channels, concepts, ideas, existing and proposed contracts with third parties, corporate guidelines, business plans, discoveries, drawings, specifications, models, procedures, marketing plans, market analysis, customer information, security, technical information, production, intellectual property, and/ or third party information that a party is obligated to keep confidential,
21.1.Confidential Information shall not include that information or materials that a receiving party can establish: (i) is, or has subsequently become, rightfully in the public domain without the receiving party's breach of any obligation owed to the Foundation, (ii) became known to the receiving party on a non-confidential basis prior to the Foundation’s disclosure of such information to the receiving party, (iii) became known to the receiving party from a source other than the Foundation or its parent company, agents, advisors, representatives or associated companies (if any) that is not subject to an obligation of confidentiality or any limitation of use, or (iv) is independently developed by the receiving party without use of any Confidential Information. You shall not disclose any Confidential Information to third parties, except that you may disclose such information to your employees, affiliates and consultants with a need-to-know that are bound by substantially similar requirements as provided herein. You agree not to publish, disclose, or allow disclosure to others of, (i) any Confidential Information, in whole or in part, or (ii) the fact that the Confidential Information has been made available to you. You may disclose Confidential Information in accordance with judicial or other governmental order or process provided that you shall (1) give the Foundation notice prior to such disclosure reasonably sufficient to give the Foundation an opportunity to contest the disclosure, and (2) that the disclosure is limited in content and distribution to the extent reasonably possible.
21.2. You shall use Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such information for your own benefit or the benefit of a third party without the prior written consent of the Foundation. You shall take security precautions to maintain the confidentiality of the Confidential Information to at least as great as the precautions you take to protect your own Confidential Information, but no less than commercially reasonable efforts. You shall return all originals, copies, reproductions and summaries of Confidential Information upon request of the Foundation or certify the destruction of the same. This Article shall survive termination or expiration of the agreement.