General Terms of Use of the Website and the Platform

Welcome to website (hereinafter the ”Website”). 

Please read the following terms and conditions of use (“Terms Of Use”) carefully before using the Website and Federated Innovation @Mind Digital Square Platform available through the Website (“Platform” or “Digital Square Platform”).

The Terms of Use govern the access to, and use of, the Website and the Platform in addition to any other terms and conditions set forth by any agreement executed between you and Federated Innovation Network and further terms and conditions and guidelines in whatever form accepted or executed concerning the access and use of the Digital Square Platform (“Specific Agreement”).

Use of the Website and the Platform implies the full acceptance of these Terms of Use and acknowledgement of their relevant mandatory nature. If you (“User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with visiting the Website and registering or using the Platform.

Federated Innovation Network reserves the right, at its sole discretion, to modify these Terms of Use from time to time. Please consult these Terms of Use regularly. The use of the Website and the Platform after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website and the Platform.

1. Website and Platform

1.1 The Website and the Platform are designed, operated and administered, also through third parties, by Federation Innovation Network which is a network-subject pursuant to Section 3, paragraph 4-ter et seq. of Decree-Law no. 5/2009, registered office located in Milan, via Porlezza 12 (Italy), Fiscal Code 11574850969 (hereinafter ”Federated”, ”we”, ”us”, ”our”).

2 Your Platform account

2.1 To obtain access to the Platform you will be required to create an account and register in accordance with the registration process provided on the Website and the terms and conditions relating the registration process provided by your Specific Agreement, if any. 

2.2 You agree not to use any false, inaccurate or misleading information when signing up for your account on the Platform.

2.3 You guarantee that while using the Platform through your account you will:

- not allow third-parties external to your organization to use the Platform through your account;
- not use means which can cause a breach of security or a disruption of the Platform;
- bypassing the measures we may use to prevent or restrict access to the Submitted Materials under Section 4 below, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Submitted Materials;
- adopt secure id and passwords in relation to the access to the Platform in line with any possible instructions provided by Federated;
- inform Federated in case of loss of the id and passwords for accessing the Platform not later than 3 (three) days from the discovery;
- inform the all your authorized users of the Digital Square Platform of the terms and conditions included in this Terms of Use.

3. Intellectual property rights

3.1 The term ”Website” refers to and/or includes, by way of example, the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any material and/o content included and/or reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, catalogues, technical publications, manuals, guides, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements or any other material reproduced and / or made available through this Website, including the Platform and the Submitted Materials under following Section 3 (collectively ”Material”).

3.2 Federated and its licensors exclusively own all right, title, and interest in and to the Website and the Materials, including the Platform and the Submitted Materials.  Except for the access rights expressly granted herein, all rights in and to all of the foregoing are reserved by Federated and its Licensors. These Terms of Use do not convey to you any rights of ownership or other intellectual property right in, to, or under any part of the Website, Materials, including the Platform and the Submitted Materials, save as provided under any Specific Agreement. 

3.3 You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, the Materials, without the express prior written authorization of Federated or its licensors. With specific reference to the Submitted Materials, they may be used or exploited exclusively to the extent permitted by your Specific Agreement, if any. If you have not executed any Specific Agreements or if you want to use or exploit any Submitted Materials in a way not provided by your Specific Agreement, you remain exclusive responsible for asking to the owners of the Submitted Materials the consent to use or exploit them. Federated is not entitled and has not any power to grant you any rights in relation to the use or exploitation of the Submitted Materials.

3.4 Federated and its licensors are fully committed to maintain, enforce and protect their intellectual property rights throughout the world and to fight against any infringement in order to ensure that its rights be strongly preserved and fully respected. Any use which is not expressly permitted by these Terms of Use is prohibited. The lack of any remedy by Federated or its licensors whether in court or out-of-court does not mean acquiescence or tolerance of any violations of these Terms of Use and/or breach of intellectual property rights of which Federated or its licensors has the ownership and/or availability. 

4. Submitted Material

4.1 To the extent provided by your Specific Agreement, you are entitled to upload on the Platform proposals, projects, ideas, concepts, photographs, contributions or any other content and material, in accordance with the terms and conditions provided therein (”Submitted Material”).

4.2 You retain your rights, title and interest to any Submitted Materials you upload through the Platform.

    4.3 By submitting the Submitted Material you grant to Federated a a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to access, use, moderate, edit, view, analyze, store, copy, reproduce, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise use in any manner such Submitted Materials. 

    4.4 You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant Federated the rights granted herein for any Submitted Materials that you upload on the Platform. You agree that such Submitted Materials will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Federated the license described under above Section 4.3.

    4.5 You acknowledge that uploading or publishing your Submitted Content on the Platform may affect your rights to protect any inventions, know-how and/or trade secrets contained therein in accordance with the applicable intellectual property laws.

    4.6 Federated is not required or will not be required in the future to:
    (i) keep any Submitted Material confidential;
    (ii) pay compensation for any use of the Submitted Material or in connection to it;
    (iii) respond to the submission of Submitted Material and/or confirm the relevant receipt. 

    4.7 You declare and warrant that the Submitted Material or your use of the Platform does not violate the law and/or any rights of third parties arising from the law and/or contract. In particular, you guarantee that by uploading any Submitted Materials or using the Platform, you will:
    - not commit any unlawful activity; 
    - not infringe any third party’s or Federated’s intellectual property rights; 
    - not breach any applicable law, regulations and order of the authorities; 
    .- not upload or introduce malicious code, viruses, trojan horses, e-mail bombs, spyware, malware, and other similar software; 
    - not distribute, transmit or make available any obscene, violent, racist, defamatory or unlawful material. 
    - not engage in activity that violates the privacy of others in accordance with the applicable data protection laws and regulations.

    5. Links to other sites

    5.1 The Website may contain links to other websites. Federated has no control over such websites and will not be responsible or liable for any accessibility of third party’s websites or for their content. 

    5.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Federated of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. 

    5.3 In no event, in regard to this Website or any other hyperlinked website, will Federated be liable to any party of any damages or injury caused by (including but not limited to) any failure of performance, error, omission, direct, indirect, special or other consequential damages including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

    5.4 You are not permitted to frame the Website on any other website or to link to any part or section of the Website and/or to the Material, in whole or in part, without prior written consent of Federated.

    5.5 You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry page of the Website and does not portray Federated, the Platform, or any Material or Submitted Material in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. 

    6. Exclusion of warranties

    6.1 To the maximum extent permitted by law, the Website, the Materials, including the Platform and the Submitted Materials, are provided on an “as is” and ”as available” basis. Federated provides no warranty or guarantee in connection with Website, the Materials, including the Platform and the Submitted Materials, including, by way of example, that they will always be available, without interruption or errors in functioning, or that they will be safe from malicious programs (such as viruses, bugs, malware or similar) and expressly declines any such warranties.

    6.2 In addition to above Section 6.1, Federated or its licensors shall not guarantee the accuracy, quality, integrity and usability for any purpose of the Submitted Materials which are accessible to you according to the Specific Agreements or that such Submitted Materials are free from errors or omissions and Federated and its licensors makes no warranty in respect of the same. 

    7. Limitation of liability 

    7.1 You are responsible for evaluating the information and content, including the Materials and the Submitted Materials, obtained through the Website and the Platform. By using the Website and the Platform you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with such use.

    7.2 To the maximum extent permitted by applicable law, you also undertake not to hold us, our licensors, service providers, agents, officers, or directors, liable, in any way, for any possible damages including without limitation direct or indirect damages of any kind, losses or expenses arising or resulting from the use of the Website, the Platform, the Materials or the Submitted Materials or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if they are advised of the possibility of such damages, losses or expenses. 

    7.3 It is understood that nothing in these terms of use shall exclude or limit (i) our liability in case of death or personal injury; (ii) our liability in case of fraud, fraudulent misrepresentation or gross negligence; and/or (iii) any other liability that cannot be excluded or limited by applicable law.

    8. Indemnity

    8.1 If permitted under applicable law, you agree to indemnify and hold us, our licensors and providers harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website and the Platform in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that is transmitted through the Platform causes our liability to a third party.

    9. Order of precedence

    9.1 In case of conflict between these Terms of Use and your Specific Agreement, the latter shall prevail.

    10. Governing Law - Jurisdiction

    10.1 These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Italian laws (without regard to its conflict of law provisions). 

    10.2 All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of the Milan court.