Terms of Use

Introduction
Welcome to the official Website (“Website”) of the Shaw Prize (“Prize”). The Website is operated by the Shaw Prize Foundation Limited, a charitable company limited by guarantee incorporated in the Hong Kong Special Administrative Region of the Peoples Republic of China (“Hong Kong”) (referred to in the Terms and Conditions as “ Foundation”, “we,” “our” or “us”).

Any access to or use of the Website is subject to the compliance of the terms and conditions set forth below (“Terms and Conditions”). Please read the Terms and Conditions carefully before continuing you access to or use of the Website.

Acceptance of Terms and Conditions
By accessing and/or using the Website, you are agreeing to be bound by the Terms and Conditions. If you do not agree to the Terms and Conditions, please do not continue your access to or use of the Website.

We reserve the right in our absolute discretion to revise or modify the Terms and Conditions at any time, without any prior notice. All modifications shall become effective upon posting on the Website. You agree to review the Terms and Conditions regularly to ensure you are aware of any modifications.

The Terms and Conditions is issued in English and Chinese. In the event of any discrepancy between the two versions, the English version shall prevail.

Your Obligation of Use
Except as otherwise prohibited in the Website, you can browse the Website and print extracts of information provided therein for your own non-commercial and personal reference and information provided that your using of the Website is complying with the Terms and Conditions.

However, except to the extent expressly stated in the Terms and Conditions, you must not:-

  1. use the Website or any information or contents therein for any commercial purpose, including without limitation, to promote or advertise or solicit the sale of any goods or services, or to raise or solicit funds;
  2. enable or allow the Website or any information or contents therein to be broadcast, exhibited, used, accessed or made available to any person in any place (including but not limited to public and commercial settings);
  3. modify, remove, adapt, digitalize, encode, reformat, compress, decipher, retrieve, interfere or in any way or manner control the signal of the Website or any information or contents therein, including the output signal of a device; or
  4. sell, store, edit, change, alter, duplicate, copy, republish, redistribute or re-transmit any information, contents, or data contained in or from the Website.

Also, you must not:-

  1. use the Website or any information or contents therein for any illegal or unauthorized purpose;
  2. use the Website or any information or contents therein for promoting or encouraging any illegal or unauthorized activities;
  3. infringe any Intellectual Property Rights of the Foundation or any third party in any manner; or
  4. act in contrary to the Terms and Conditions;

and you agree to use the Website in compliance with all applicable laws, rules and regulations governing or regulating your access to and use of the Website, as modified or amended from time to time.

Intellectual Property Rights

Trademarks
All trademarks, service marks, trophys, logos, names and signs that appear in the Website are registered or unregistered marks of the Foundation or (as applicable) other third parties (the “Trademarks”). You are not allowed to use, copy, download, duplicate, reproduce, edit, publish, store, modify, transmit, make available or disseminate through whatever means or for whatsoever purpose any of the Trademarks without the prior written permission of the Foundation or (as applicable) such other third parties.

Copyrights
All the contents contained in this Website, including but not limited to texts, articles, moving or non-moving images, photographs, pictures, data, designs, graphics, files, audio clips, video clips, editorial works, music, sound, illustrations or impression (collectively the “Contents”) are owned by the Foundation or (where applicable) any other relevant owners, and are all copyright protected. Except with the prior written permission of the Foundation or (where applicable) other relevant owners, no person may use, copy, download, duplicate, reproduce, edit, publish, store, modify, transmit, make available or disseminate through whatever means or for whatsoever purpose this Website or any Contents, whether in whole or in part.

Media and Press Release
Except otherwise provided in the Website, for the press release (including but not limit to in text or in video format) (the “Press Releases”) contained in the “Media” section on the Website, and so far as relating and concerning members of the press (the “Press Members”), the following terms apply:-

  1. Press Releases may be downloaded, reproduced and published by Press Members subject to the condition that no editing, variation, modification or alteration of the original content is allowed unless with the prior written permission of the Foundation;
  2. Press Releases in text-based may be translated in any languages by Press Members provided that such translation shall adhere to the meaning of the original language to the largest full extent and without any editing, variation, alteration or modification;
  3. Press Members are also permitted to download, save, print, reproduce and publish any information, photographs, images or videos contained in the Press Releases or in the links provided therein for purpose of an editorial text about the Prize subject to the condition that no editing, variation, modification or alteration of the original of any of the same is allowed unless with the prior written permission of the Foundation;
  4. all reproduction and publication of Press Releases or any of their content by Press Members as permitted above must bear accurate identifying information, including the source of such information, the proprietary information, credit lines, copyright (©), including relevant year when appropriate, and trade mark (® or TM) notices, and a citation of the Website: www.shawprize.org; and
  5. for any Contents or videos, if they are made available on the Website through the external website owned by third parties (the “External Websites”), you are also subject to the terms and conditions of use and privacy policies of the External Website, and that the terms under the “Linked Website” below shall automatically apply. The Foundation is not responsible for and shall not be liable of any damages or loss incurred or suffered by any Press Member as a result of, arising out from or in connection with the use of the External Website in whatsoever nature.

No Grant to Use Any Intellectual Property Rights to You
Nothing on the Website, any of the Contents or the Terms and Conditions shall be deemed or treated as granting any right or license to use any intellectual property rights owned by the Foundation or any third party owner to you, nor may be construed to mean that the Foundation has authority to grant any right or license on behalf of any third party.

Linked Website
The Website may, from time to time, include links to one or more External Websites which are not affiliated with or in any way related to the Foundation. Your access to and use of an External Website is at your own risk and subject to any terms and conditions applicable to such access and use. By providing hyperlinks to an External Website, we are not and shall not be deemed to:-

  1. have any form of relationship, or association with, or cooperation with the operators of the External Websites;
  2. endorse, recommend, approve, guarantee or introduce any third party or the services or products it provides on the External Website; or
  3. as a party to any contractual arrangement entered into between you and the provider of any External Website.

We are not responsible or liable in any way for any loss or damage incurred or suffered by you or any third party as a result of, arising out from or in connection with your use of such links to the External Websites.

Further, we have no control over any External Websites provide links to the Website and we are not responsible for the content or accuracy of any off-site pages or any External Websites linked to the Website whatsoever.

Confidentiality
The Foundation shall not be under any obligation of confidentiality to you. The Foundation does not warrant and will not accept any responsibility for confidentiality or security of any
information or data, whether personal, non-personal or otherwise, which may be transmitted when you access the Website. Please refer to the Website Privacy Policy of the Website for more information regarding the use of any personal information and data.|

Disclaimer
The Foundation operates the Website primarily for the purpose of providing general information regarding the Prize only, and all the materials and information in the Website are provided on an “AS IS” and “AS AVAILABLE” basis.

Whilst the Foundation has made reasonable efforts to ensure accuracy of the information and materials of the Website, no statement, representation, warranty or guarantee, whether express or implied, is given by the Foundation as to the accuracy, reliability or timeliness of any of such information and materials and no responsibility will be accepted by the Foundation for errors and omissions thereof however caused.

To the fullest extent permitted by applicable law, we disclaim all representations and warranties of all kind, whether expressly or implied, including but not limited to:-

  1. the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Website or any of the Contents;
  2. copyright ownership and/or non-infringement of any intellectual property rights;
  3. access to the Website will be uninterrupted or error free, viruses free, or free from any harmful components, or safety of the Website; or
  4. whether the Website or the Contents will meet any person’s requirements or expectation.

Limitation of liabilities
To the fullest extent permitted by applicable law, the Foundation, its affiliates, trustees, directors, officers, employees, agents, the Shaw Prize Council, Members of the Board of Adjudicators or the Prize Selection Committees take no responsibility and shall have no liability to you or any other third party for any of the followings:-

  1. any loss or damage or claims of any kind as a result of, arising out from or in connection with, whether directly or indirectly, your use or reliance of the Website, or any Contents thereof;
  2. any injury, casualty or illness of you, arising whether directly or indirectly from accessing and using the Website or the Contents;
  3. any loss or damage or claims of any kind as a result of, arising out from or in connection with any viruses or harmful disruption that may affect your computer equipment or mobile phone or other property arising from your use or reliance of the Website;
  4. any infringement of intellectual property rights arising from your use of the Website or any of the Contents;
  5. any disruption, suspension, delay, failure or discontinuation of the Website or the service capacity; or
  6. any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any incidental or consequential damages, whether of an economic nature or not.

Indemnification
By using the Website and accepting the Terms and Conditions, you agree to fully indemnify and hold the Foundation harmless from any action, liability, claim, loss, damage, or expenses (including all the legal costs and expense) suffered or incurred by the Foundation, directly or indirectly, arising from, related to or in connection with:-

  1. your access to and/or use of the Website, including any other person or entity who was able to access to and use the Website by using your identity, user ID and password; or
  2. any breach or non-observance of any Terms and Conditions by you, or by any other person or entity where such person or entity was able to access and/or use the Website by using your identity, user ID and password.

Termination
We have the right to limit or suspend your access to or the use of the whole or any part of the Website if there is any improper use of the Website or breach of any Terms and Conditions. We also have the right to terminate your access to and/or use of the Website at any time, with or without any cause or notice.

General

  1. The Terms and Conditions are legally binding on you, and constitute a valid agreement between you and us concerning your access to and use of the Website.
  2. Our failure or delay in enforcing any of Terms and Conditions or our rights herein shall not constitute a waiver of such provisions or rights.
  3. If any provision of the Terms and Conditions becomes illegal, invalid or unenforceable for any reason, such term or condition shall be deemed to be deleted from the Terms and Conditions and the remaining provisions will remain in full force and effect.
  4. To apply for any permission to use any of the Contents as required under the Terms and Conditions, please contact us at info@shawprize.org or at the below address:
    The Shaw Prize Foundation Limited
    L5, Shaw House, Shaws Studios
    201 Wan Po Road
    Tseung Kwan O, New Territories
    Hong Kong.It shall be the Foundation’s absolute discretion whether to give such permission, or if such permission is given, with or without conditions.

Jurisdiction and Restriction
All matters relating to the Terms and Conditions shall be governed by the laws of Hong Kong, and any dispute arising therefrom shall be subject to the non-exclusive jurisdiction of the Hong Kong Courts.

 

Effective Date: 1 September 2023