For the avoidance of doubt, Confidential Information does not include Attendee Data, the use and protection of which is governed by Section 10 (Attendee Data).
“ Confidential Information” means all written or oral information, disclosed by one party (the “ disclosing party”) to the other (the “ recipient”), related to the business, products, services or operations of the disclosing party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential, including, without limitation: trade secrets, know-how, inventions, techniques, processes, programs, schematics, software source documents, data, customer lists, financial information, and sales and marketing plans. “ Business Day” means a day other than a Saturday, Sunday or public holiday in the Territory. “ Attendee Data” means Personal Data of an Attendee uploaded into the Roller Services by an Attendee or by Customer. “ Attendee” means an individual (parent and / or child) who attends an Operating Park, is registered as an Attendee of an Operating Park through the Roller Services or who interacts with the Roller Services remotely, provided, however, that Attendee will not include Operating Park employees and agents acting within the scope of their employment or agency. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity, where “control” refers to the power to direct or cause the direction of the subject entity, whether through ownership of voting securities, by contract or otherwise. In consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:ġ.1 In this Agreement, the following definitions apply: Terms not defined herein have the meaning given to them in the applicable Order Form. These terms and conditions will govern the use and provision of any Services purchased by Customer as described in any Order Form. These Roller terms and conditions (“ Master Terms of Service”) are made part of the Roller Software Agreement between Roller and the Customer listed in any Order Form.
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