Acceptable Use Policy. Customer represents, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”). (a) Customer will not use the Markforged Technology to collect, upload, transmit, display, or distribute any of Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to engage in fraudulent activity (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology. (c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology. (d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Acceptable Use Policy. In consideration of providing access to Digital Sandbox’s Hosting Services, Customer representsagrees to strictly comply with, warrants and covenants that Customer will cause each of its Registered Users to comply with MarkforgedDigital Sandbox’s acceptable use policyAcceptable Use Policy. If, as set forth in clauses (a)-(d) below the process of using the Licensed Software, Customer or any Registered User uploads, records or otherwise transmits any content to a Digital Sandbox Web server, including the Customer Data, any presentations, photographs, illustrations, icons, articles, text, audio clips, or video clips (the “Acceptable Use PolicyContent”).
, then Customer represents and warrants to Digital Sandbox that Customer: is the owner or authorized user of the Content; is solely responsible for the Content; no Content is subject to any rule, regulation or policy that imposes additional handling or confidentiality obligations on such Content or has been assigned a designation designed to protect the handling and disclosure of such Content that is higher than “for official use only”, including without limitation, “confidential,” “secret,” “top secret,” “top secret secured compartmented information,” or any other similar type of designation or would be deemed to be protected critical infrastructure information (a“PCII”) or any information that would be subject to the requirements of the Critical Infrastructure Information Act of 2002, as amended. Customer acknowledges and agrees that Digital Sandbox neither controls nor guarantees the accuracy, integrity, or quality of the Content. Customer will not use the Markforged Technology Licensed Software to collect, upload, transmitrecord or otherwise transmit any Content that: infringes any third party’s copyright, display, or distribute any of Customer Content (i) that violates any third-party right, including any copyrightpatent, trademark, patenttrade secret or other proprietary rights or rights of publicity or privacy; violates any law, trade secretstatute, moral right, privacy right, right of publicity, ordinance or any other intellectual property or proprietary right;
(ii) that regulation; is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographicthreatening, sexually explicitharassing, obscene, patently offensive, promotes racism, bigotry, hatredharmful, or physical harm of pornographic; or contains any kind against any group viruses or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) other software that is harmful intended to minors damage or interfere with (or surreptitiously intercept or capture) any system, data or personal information. Because Customer and its Registered Users will be in any way; (iv) to engage in fraudulent activity (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with control of the Content displayed online as a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose part of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
Licensed Software or Analysis Service, Customer understands that by using the Licensed Software or Hosted Services that Registered Users may be exposed to Content that is improper, offensive or a violation law, and therefore under no circumstances will Digital Sandbox be liable to any person or entity for any alleged damages sustained by the distribution of the Content to any Registered User. Upon termination of this Agreement, Customer agrees that any Content posted to the Portal will not be returned to Customer and will be removed from the Portal. Should Customer or a Registered User submit technical support questions or comments to Digital Sandbox, then Customer agrees that Digital Sandbox may edit and post those questions or comments with the response, (c) without revealing personal information), on Digital Sandbox’s Customer support Web site and that all such questions or comments shall remain Digital Sandbox’s property. Customer further agrees that Customer will not use the Markforged Technology to: Licensed Software or Hosted Services to send unsolicited mass email (i“Spam”) uploadoutside of Customer’s company or organization and will abide by any anti-spam or mass email rules, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technologyregulations and laws pertaining thereto.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Acceptable Use Policy. Customer representsIn connection with Supplier’s use of the Headset Solution, warrants and covenants Supplier agrees that Customer it will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
not: (a) Customer will not use the Markforged Technology to collectMake Available any Supplier Data that, uploadin Headset’s sole discretion, transmit, display, or distribute any of Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacydefamatory, vulgar, defamatoryobscene, false, intentionally misleading, trade libelous, pornographicor racially, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, ethnically or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that is are threatening to any other person; or (v) promotes illegal or harmful to activities; (b) harm minors in any way; (ivc) to engage in fraudulent activity (including impersonating another impersonate any person or entity, including, but not limited to, Headset personnel, or submitting misleading falsely state or false declarations concerning Customer’s otherwise misrepresent your affiliation with a person or entity; (d) Make Available any Supplier Data that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (e) Make Available any Supplier Data that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; (f) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose order of concealing the origin of a court; (g) harass any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of dataperson; or (vh) that is in violation of any lawadvocate, regulation, encourage or obligations or restrictions imposed by assist any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or party in doing any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technologyforegoing activities in this section.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 2 contracts
Samples: Supplier Agreement, Supplier Agreement
Acceptable Use Policy. Customer representsIn connection with Retailer’s use of the Headset Solution, warrants and covenants Retailer agrees that Customer it will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
not: (a) Customer will not use the Markforged Technology to collectMake Available any Retailer Data that, uploadin Headset’s sole discretion, transmit, display, or distribute any of Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacydefamatory, vulgar, defamatoryobscene, false, intentionally misleading, trade libelous, pornographicor racially, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, ethnically or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that is are threatening to any other person; or (v) promotes illegal or harmful to activities; (b) harm minors in any way; (ivc) to engage in fraudulent activity (including impersonating another impersonate any person or entity, including, but not limited to, Headset personnel, or submitting misleading falsely state or false declarations concerning Customer’s otherwise misrepresent your affiliation with a person or entity; (d) Make Available any Retailer Data that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (e) Make Available any Retailer Data that infringes the rights of any person or entity, including without limitation, any Intellectual Property Rights, or use proxy privacy, publicity or anonymizing serversother proprietary or contractual rights; (f) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or falsify headers or manipulate identifiers or addresses in any other way for the purpose order of concealing the origin of a court; (g) harass any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of dataperson; or (vh) that is in violation of any lawadvocate, regulation, encourage or obligations or restrictions imposed by assist any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or party in doing any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technologyforegoing activities in this section.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 2 contracts
Samples: Headset Exchange Retailer Agreement, Retailer Agreement
Acceptable Use Policy. Customer representsPublisher agrees that it will not, warrants and covenants that Customer will comply with Markforged’s acceptable use policyeither by itself or by authorizing or encouraging others to do so, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
directly or indirectly: (a) Customer will not use use, post or promote the Markforged Technology to collect, upload, transmit, displayWidget or any Recommendations in association with any material or content which is, or distribute which may reasonably be considered illegal, unlawful or infringing under any applicable laws (including, without limitation, content which infringes a third party copyright (i.e. illegal streaming website)), pornographic, obscene, promotional of Customer Content illicit drugs and drug paraphernalia, gambling-related (i) that violates any thirdunless legal in the location offered), weapon or ammunition-party rightrelated (unless legal in the location offered), including any copyrightviolent, trademarklibelous, patentdefamatory, trade secretindecent, moral rightseditious, privacy rightoffensive, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassinginvasive to privacy, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, possibly capable of inciting racial hatred, discriminatory (racially, ethnically or physical harm otherwise), in breach of confidence or any other right of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materialsthird party, or is otherwise objectionablelacking in necessary authorizations, approvals, consents or licenses; (b) engage in any action or practice that disparages or devalues Taboola (or its affiliates), the Widget, Taboola Sponsored Content, or the reliability, reputation or goodwill of any of them; (c) modify, change, edit, amend, truncate, alter, bypass or reorder any aspect of the Widget or Recommendations; (d) take any action that might impede Taboola’s provision of the Service, including, without limitation, the following actions:
(i) placing the Widget in an iFrame; (ii) altering the appearance of the Widget by placing it in a container or otherwise; (iii) that is harmful to minors in any wayadding Publisher’s own code onto the Widget; (iv) overriding Taboola’s code on the Widget; and/or (v) removing the Widget from certain Website pages; (e) generate clicks on Recommendations, or generate Recommendation Pageviews, that Taboola believes, in its sole discretion, is through any automated, deceptive, fraudulent or other means that is designed to generate clicks or Recommendation Pageviews that are not the willing actions of human end users who possess an independent, genuine desire to engage with the content that appears on the relevant page(s), including but not limited to, through (i) repeated manual clicks, use of robots or other automated tools or computer generated requests, (ii) participation in fraudulent activity pay-per-click programs, (including impersonating another person or entityiii) redirection of search requests to pages that do not contain content reasonably relevant to the search query, or submitting misleading (iv) the provision of consideration to any third party in exchange for the third party causing any Clicks or false declarations concerning Customer’s affiliation with a person Recommendation Pageviews to occur; (f) copy, crawl, index, cache or entitystore any information derived by Taboola, or use proxy contained in or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate concerning a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of dataRecommendation; or (vg) provide Taboola any personally identifiable information concerning any Visitor or other person (“PII”). Clause (e) of the previous sentence shall be deemed to have been violated
(x) if traffic is not converting above a certain threshold as determined by Taboola in its sole discretion or if Publisher’s Website’s result in low post-click performance, or (y) by any Recommendation Pageviews that Taboola determines, in its sole discretion, were the result of transfers or referrals of Visitors to a Website by a third party content distribution service provider and that resulted in a monthly click-through rate that was less than fifty percent (50%) of the click-through rate experienced by the remainder of the Recommendation Pageviews that occurred on the Website during the same month. A “Recommendation Pageview” shall be deemed to have occurred each unique time the Widget is rendered on the Desktop, Mobile Optimized, Tablet, App Website article page as shown in Appendix A, as determined by Taboola and reported on Taboola’s analytic dashboard and shall not include any Pageviews that are not human initiated. Notwithstanding anything to the contrary herein, Taboola shall have the right to immediately terminate this Agreement without prior notice to Publisher and to remove the Widget from the Website(s) with no further obligation to Publisher in the event of Publisher’s violation of any law, regulation, or obligations or restrictions imposed by any third partythe foregoing Acceptable Use Policy.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 2 contracts
Samples: Publisher Terms & Conditions, Publisher Terms & Conditions
Acceptable Use Policy. Customer representsPublisher agrees that it will not, warrants and covenants that Customer will comply with Markforged’s acceptable use policyeither by itself or by authorizing or encouraging others to do so, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
directly or indirectly: (a) Customer will not use use, post or promote the Markforged Technology to collect, upload, transmit, displayWidget or any Recommendations in association with any material or content which is, or distribute which may reasonably be considered illegal, unlawful or infringing under any applicable laws (including, without limitation, content which infringes a third party copyright (i.e. illegal streaming website)), pornographic, obscene, promotional of Customer Content illicit drugs and drug paraphernalia, gambling-related (i) that violates any thirdunless legal in the location offered), weapon or ammunition-party rightrelated (unless legal in the location offered), including any copyrightviolent, trademarklibelous, patentdefamatory, trade secretindecent, moral rightseditious, privacy rightoffensive, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassinginvasive to privacy, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, possibly capable of inciting racial hatred, discriminatory (racially, ethnically or physical harm otherwise), in breach of confidence or any other right of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materialsthird party, or is otherwise objectionablelacking in necessary authorizations, approvals, consents or licenses; (b) engage in any action or practice that disparages or devalues Taboola (or its affiliates), the Widget, Taboola Sponsored Content, or the reliability, reputation or goodwill of any of them; (c) modify, change, edit, amend, truncate, alter, bypass or reorder any aspect of the Widget or Recommendations; (d) take any action that might impede Taboola’s provision of the Service, including, without limitation, the following actions:
(i) placing the Widget in an iFrame; (ii) altering the appearance of the Widget by placing it in a container or otherwise; (iii) that is harmful to minors in any wayadding Publisher’s own code onto the Widget; (iv) overriding Taboola’s code on the Widget; and/or (v) removing the Widget from certain Website pages; (e) generate clicks on Recommendations, or generate Recommendation Pageviews, that Taboola believes, in its sole discretion, is through any automated, deceptive, fraudulent or other means that is designed to generate clicks or Recommendation Pageviews that are not the willing actions of human end users who possess an independent, genuine desire to engage with the content that appears on the relevant page(s), including but not limited to, through (i) repeated manual clicks, use of robots or other automated tools or computer generated requests, (ii) participation in fraudulent activity pay-per-click programs, (including impersonating another person or entityiii) redirection of search requests to pages that do not contain content reasonably relevant to the search query, or submitting misleading (iv) the provision of consideration to any third party in exchange for the third party causing any Clicks or false declarations concerning Customer’s affiliation with a person Recommendation Pageviews to occur; (f) copy, crawl, index, cache or entitystore any information derived by Taboola, or use proxy contained in or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate concerning a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of dataRecommendation; or (vg) provide Taboola any personally identifiable information concerning any Visitor or other person (“PII”). Clause (e) of the previous sentence shall be deemed to have been violated
(x) if traffic is not converting above a certain threshold as determined by Taboola in its sole discretion or if Publisher’s Website’s result in low post-click performance, or (y) by any Recommendation Pageviews that Taboola determines, in its sole discretion, were the result of transfers or referrals of Visitors to a Website by a third party content distribution service provider and that resulted in a monthly click-through rate that was less than fifty percent (50%) of the click-through rate experienced by the remainder of the Recommendation Pageviews that occurred on the Website during the same month. A “Recommendation Pageview” shall be deemed to have occurred each unique time the Widget is rendered on the Website page as shown in Appendix A, as determined by Taboola and reported on Taboola’s analytic dashboard and shall not include any Pageviews that are not human initiated. Notwithstanding anything to the contrary herein, Taboola shall have the right to immediately terminate this Agreement without prior notice to Publisher and to remove the Widget from the Website(s) with no further obligation to Publisher in the event of Publisher’s violation of any law, regulation, or obligations or restrictions imposed by any third partythe foregoing Acceptable Use Policy.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 2 contracts
Samples: Publisher Terms & Conditions, Publisher Terms & Conditions
Acceptable Use Policy. Customer representsThe Services may not be used for any of the following prohibited activities (collectively, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use PolicyAUP”).):
(a) Customer will not use the Markforged Technology to collect, upload, transmit, display, or distribute any of Customer Content (i) that violates copying, distributing, selling, reselling, or disclosing any third-party rightpart of the Services in any medium, including without limitation by any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, automated or any other intellectual property or proprietary rightnon-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes sends more request messages to the creation Jasper servers than a human can reasonably produce in the same period of weapons, illegal time by using a conventional on-line web browser (except that Jasper grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or is otherwise objectionable; archives of such materials);
(iii) that is harmful to minors in any way; transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to engage in fraudulent activity interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Services;
(vii) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Services;
(viii) using the Services for any commercial solicitation purposes;
(ix) impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Services;
(xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or
(xii) bypassing the measures we may use proxy to prevent or anonymizing serversrestrict access to the Services, including without limitation features that prevent or falsify headers restrict use or manipulate identifiers or addresses in any other way for the purpose of concealing the origin copying of any data sent via the Markforged Technology) content or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based enforce limitations on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer Services or the content therein. You will not use the Markforged Technology to: (i) uploadcomply with all terms and conditions of this Agreement, transmitall applicable laws, or distribute any computer virusesrules, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the and regulations, policiesand all guidelines, or procedures of such networks; (vi) attempt standards, and requirements that may be posted on xxx.xxxxxx.xx from time to gain unauthorized access to time, including the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged TechnologyAUP.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Terms of Service
Acceptable Use Policy. Customer representsPublisher agrees that it will not, warrants and covenants that Customer will comply with Markforged’s acceptable use policyeither by itself or by authorising or encouraging others to do so, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
directly or indirectly: (a) Customer will not use use, post or promote the Markforged Technology to collect, upload, transmit, displayWidget or any Recommendations in association with any material or content which is, or distribute which may reasonably be considered illegal, unlawful or infringing under any applicable laws (including, without limitation, content which infringes a third party copyright (i.e. illegal streaming website)), pornographic, obscene, promotional of Customer Content illicit drugs and drug paraphernalia, gambling-related (i) that violates any thirdunless legal in the location offered), weapon or ammunition-party rightrelated (unless legal in the location offered), including any copyrightviolent, trademarklibellous, patentdefamatory, trade secretindecent, moral rightseditious, privacy rightoffensive, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassinginvasive to privacy, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, possibly capable of inciting racial hatred, discriminatory (racially, ethnically or physical harm otherwise), in breach of confidence or any other right of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materialsthird party, or is otherwise objectionablelacking in necessary authorisations, approvals, consents or licenses; (b) engage in any action or practice that disparages or devalues Taboola (or its affiliates), the Widget, Taboola Sponsored Content, or the reliability, reputation or goodwill of any of them; (c) modify, change, edit, amend, truncate, alter, bypass or reorder any aspect of the Widget or Recommendations; (d) take any action that might impede Taboola’s provision of the Service, including, without limitation, the following actions: (i) placing the Widget in an iFrame; (ii) altering the appearance of the Widget by placing it in a container or otherwise; (iii) that is harmful to minors in any wayadding Publisher’s own code onto the Widget; (iv) overriding Taboola’s code on the Widget; and/or (v) removing the Widget from certain Website pages; (e) generate clicks on Recommendations, or generate Recommendation Pageviews, that Taboola believes, in its sole discretion, is through any automated, deceptive, fraudulent or other means that is designed to generate clicks or Recommendation Pageviews that are not the willing actions of human end users who possess an independent, genuine desire to engage with the content that appears on the relevant page(s), including but not limited to, through (i) repeated manual clicks, use of robots or other automated tools or computer generated requests, (ii) participation in fraudulent activity pay-per-click programs, (including impersonating another person or entityiii) redirection of search requests to pages that do not contain content reasonably relevant to the search query, or submitting misleading (iv) the provision of consideration to any third party in exchange for the third party causing any Clicks or false declarations concerning Customer’s affiliation with a person Recommendation Pageviews to occur; (f) copy, crawl, index, cache or entitystore any information derived by Taboola, or use proxy contained in or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate concerning a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of dataRecommendation; or (vg) provide Taboola any personally identifiable information concerning any Visitor or other person (“PII”). Clause (e) of the previous sentence shall be deemed to have been violated (x) if traffic is not converting above a certain threshold as determined by Taboola in its sole discretion or if Publisher’s Website’s result in low post-click performance, or (y) by any Recommendation Pageviews that Taboola determines, in its sole discretion, were the result of transfers or referrals of Visitors to a Website by a third party content distribution service provider and that resulted in a monthly click-through rate that was less than fifty percent (50%) of the click-through rate experienced by the remainder of the Recommendation Pageviews that occurred on the Website during the same month. A “Recommendation Pageview” shall be deemed to have occurred each unique time the Widget is rendered on the Website page as approved by Taboola, as determined by Taboola and reported on Taboola’s analytic dashboard and shall not include any Pageviews that are not human initiated. Notwithstanding anything to the contrary herein, Taboola shall have the right to immediately terminate this Agreement without prior notice to Publisher and to remove the Widget from the Website(s) with no further obligation to Publisher in the event of Publisher’s violation of any law, regulation, or obligations or restrictions imposed by any third partythe foregoing Acceptable Use Policy.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Publisher Terms & Conditions
Acceptable Use Policy. Customer representsYou represent, warrants warrant and covenants covenant that Customer You will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer You will not use the Markforged Technology to collect, upload, transmit, display, or distribute any of Customer Your Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to engage in fraudulent activity (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s Your affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer You will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer You will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.;
Appears in 1 contract
Samples: Terms of Service
Acceptable Use Policy. Customer represents, warrants and covenants 15.1 You agree that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer you will not misuse our Platform. A misuse constitutes any use, access or interference with the Platform contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Platform, you will not behave contrary to the Markforged Technology to collectTerms, uploadPolicies, transmitapplicable laws and regulations, displayand you will especially not, or distribute without limitation, do any of Customer Content the following:
(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, send or any other intellectual property or proprietary rightotherwise post unauthorized commercial communications (such as spam) through the Platform;
(ii) that access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) post or transmit content which is unlawfulillegal, harassinghateful, abusive, tortiousobscene, threatening, harmfulincites violence, insulting, defamatory, infringing of intellectual property rights, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group contains graphic or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, gratuitous violence or is otherwise objectionable; objectionable to third parties;
(iiivi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;
(vii) take any action creating a disproportionately large usage load on our Platform unless expressly permitted by Eventbuzz;
(viii) post or transmit content that is harmful to minors in any way; (iv) to engage in fraudulent activity (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third partymisleading.
(bix) Customer will communicate any information or content that you do not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, have a right to make available under any law or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile under contractual or otherwise reverse engineer the Markforged Technology or any component thereoffiduciary relationships, or otherwise attempt infringes or violates someone else's rights;
(x) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;
(xi) post or transmit hyperlinks to decipher the source codeother websites that violate these Terms;
(xii) facilitate or encourage any violation of these Terms.
15.2 If for any reason, algorithmsyour account, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component part thereof, except and only to the extent required by applicable law; (iii) distributeis suspended, rentbanned, loanrestricted, leaseblocked, sell, resell, sublicense, convey, publicly display, publicly perform, exploit terminated or otherwise make disabled by Eventbuzz, you agree to abide by such decision. You may not create another account with the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining intent to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes bypass these limitations or attempt to create similar products or services through use circumvent any limitation imposed on your account without our permission. Any effort to evade these limitations may result in the termination of the Markforged Technologyall current and future accounts you register.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Seller Agreement
Acceptable Use Policy. 16.1 Customer representsagrees that it will not misuse the Eventbuddy platform. Misuse is any use, warrants access to or interference with the Platform contrary to the Terms, Privacy Policy and covenants applicable laws and regulations. Eventbuddy may, in its sole discretion, suspend or terminate access to all or only part of the Platform to any User or Customer, without prior notice or need to deliberate on reasons for doing so. Eventbuddy reserves the right to deny service to any person or entity at any time. Customer agrees that Customer will comply with Markforged’s acceptable use policywhile using the Ticket Service Platform, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will not use behave contrary to the Markforged Technology to collectTerms, uploadPolicies, transmitapplicable laws and regulations, displayand in particular will not, or distribute without limitation, do any of Customer Content the following:
(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, send or any other intellectual property or proprietary rightpost unauthorized commercial communications (such as spam) through the Platform;
(ii) access the Platform using automated means (such as “harvesting bots”, robots, spiders, or “scrapers” or the like) without our permission;
(iii) upload viruses or other malicious code;
(iv) bullying behavior, intimidating or harassing any other User;
(v) post or transmit content that is unlawfulillegal, harassinghateful, abusive, tortiousobscene, threatening, harmfulincites violence, invasive of another’s privacy, vulgarinsulting, defamatory, falseviolates intellectual property rights, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredinvades privacy, or physical harm of any kind against any group contains graphic or individual, promotes illegal activities or contributes to the creation of weapons, illegal materialsgratuitous violence, or is otherwise objectionable; objectionable to third parties;
(iiivi) that is harmful to minors harass, threaten, shame, cause distress or discomfort in another individual or entity, impersonate any way; (iv) to engage in fraudulent activity (including impersonating another other person or entity, or submitting misleading otherwise restrict or false declarations concerning Customer’s affiliation with inhibit any person from using or enjoying the Platform;
(vii) take any action that creates a person disproportionately large usage load on our Platform, unless expressly permitted by Eventbuddy;
(viii) post or entitytransmit content that is misleading;
(ix) communicate any information or content that Customer is not entitled to make available under any law or in contractual or fiduciary relationships, or use proxy that otherwise infringes or anonymizing serversviolates the rights of another person;
(x) encourage participation in or promote any content, pyramid schemes, surveys, chain letters or spam, or falsify headers unsolicited emails through the Platform;
(xi) post or manipulate identifiers transmit links to other websites that violate these Terms;
(xii) facilitate or addresses encourage any breach of these Terms.
16.2 If, for any reason, your account, or any part of it, is suspended, prohibited, restricted, blocked, terminated or disabled in any other way for by Eventbuddy, you agree to abide by such a decision. You may not create another account with the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt intent to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes circumvent these limitations or attempt to create similar products or services through use circumvent any limitations imposed on your account without our permission. Any effort to avoid these limitations may result in the termination of the Markforged Technologyall current and future accounts you register.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Service Agreement
Acceptable Use Policy. Customer representsPublisher agrees that it will not, warrants and covenants that Customer will comply with Markforged’s acceptable use policyeither by itself or by authorising or encouraging others to do so, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
directly or indirectly: (a) Customer will not use use, post or promote the Markforged Technology to collect, upload, transmit, displayWidget or any Recommendations in association with any material or content which is, or distribute which may reasonably be considered illegal, unlawful or infringing under any applicable laws (including, without limitation, content which infringes a third party copyright (i.e. illegal streaming website)), pornographic, obscene, promotional of Customer Content illicit drugs and drug paraphernalia, gambling-related (i) that violates any thirdunless legal in the location offered), weapon or ammunition-party rightrelated (unless legal in the location offered), including any copyrightviolent, trademarklibellous, patentdefamatory, trade secretindecent, moral rightseditious, privacy rightoffensive, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassinginvasive to privacy, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, possibly capable of inciting racial hatred, discriminatory (racially, ethnically or physical harm otherwise), in breach of confidence or any other right of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materialsthird party, or is otherwise objectionablelacking in necessary authorisations, approvals, consents or licenses; (b) engage in any action or practice that disparages or devalues Taboola (or its affiliates), the Widget, Taboola Sponsored Content, or the reliability, reputation or goodwill of any of them; (c) modify, change, edit, amend, truncate, alter, bypass or reorder any aspect of the Widget or Recommendations; (d) take any action that might impede Taboola’s provision of the Service, including, without limitation, the following actions: (i) placing the Widget in an iFrame; (ii) altering the appearance of the Widget by placing it in a container or otherwise; (iii) that is harmful to minors in any wayadding Publisher’s own code onto the Widget; (iv) overriding Taboola’s code on the Widget; and/or (v) removing the Widget from certain Website pages; (e) generate clicks on Recommendations, or generate Recommendation Pageviews, that Taboola believes, in its sole discretion, is through any automated, deceptive, fraudulent or other means that is designed to generate clicks or Recommendation Pageviews that are not the willing actions of human end users who possess an independent, genuine desire to engage with the content that appears on the relevant page(s), including but not limited to, through (i) repeated manual clicks, use of robots or other automated tools or computer generated requests, (ii) participation in fraudulent activity pay-per-click programs, (including impersonating another person or entityiii) redirection of search requests to pages that do not contain content reasonably relevant to the search query, or submitting misleading (iv) the provision of consideration to any third party in exchange for the third party causing any Clicks or false declarations concerning Customer’s affiliation with a person Recommendation Pageviews to occur; (f) copy, crawl, index, cache or entitystore any information derived by Taboola, or use proxy contained in or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate concerning a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of dataRecommendation; or (vg) provide Taboola any personally identifiable information concerning any Visitor or other person (“PII”). Clause (e) of the previous sentence shall be deemed to have been violated (x) if traffic is not converting above a certain threshold as determined by Taboola in its sole discretion or if Publisher’s Website’s result in low post-click performance, or (y) by any Recommendation Pageviews that Taboola determines, in its sole discretion, were the result of transfers or referrals of Visitors to a Website by a third party content distribution service provider and that resulted in a monthly click-through rate that was less than fifty percent (50%) of the click-through rate experienced by the remainder of the Recommendation Pageviews that occurred on the Website during the same month. A “Recommendation Pageview” shall be deemed to have occurred each unique time the Widget is rendered on the Desktop, Mobile Optimized, Tablet, App Website article page as shown in Appendix A, as determined by Taboola and reported on Taboola’s analytic dashboard and shall not include any Pageviews that are not human initiated. Notwithstanding anything to the contrary herein, Taboola shall have the right to immediately terminate this Agreement without prior notice to Publisher and to remove the Widget from the Website(s) with no further obligation to Publisher in the event of Publisher’s violation of any law, regulation, or obligations or restrictions imposed by any third partythe foregoing Acceptable Use Policy.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Publisher Terms & Conditions
Acceptable Use Policy. Customer represents, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will You may not access or use the Markforged Technology Services for any purpose other than that for which we make the Services available . You do not have the right ( and do not allow any third party to collect): use the Services for any purpose that is prohibited by this Agreement or inconsistent with applicable laws , uploadrules or regulations ; access the Services through automated or other non-human means , transmitwhether through a bot , displayscript or otherwise , except as otherwise provided in a separate written agreement with us for the following purposes : Use any meta tags or distribute other “hidden text” utilizing Mazuri GameFi's name or trademarks ; Modify , translate , adapt , merge, create derivative works from , disassemble , decompile , reverse compile or reverse engineer any part of Customer Content the Services , except to the extent the foregoing restrictions are expressly prohibited by applicable law ; Remove or destroy any copyright notices or other proprietary markings contained in the Services ; Take any action or make available any content on or through the Services that (i) that violates any third-party rightis unlawful , including any copyrightthreatening , trademarkabusive , patentharassing , trade secretdefamatory , moral rightlibelous, privacy rightmisleading , right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmfulfraudulent , invasive of another’s privacy's privacy , vulgartortious , defamatoryobscene including, falsewithout limitation, intentionally misleadingattempting to obtain confidential Account information such as user passwords ; (ii) constitute unauthorized or unsolicited advertising , trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, junk or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionablebulk email ; (iii) that is harmful to minors in any wayinvolves commercial activities and /or sales, such as contests , sweepstakes , barter, advertising or pyramid schemes , without the prior written consent of Mazuri GameFi; (iv) to engage in fraudulent activity (including impersonating another impersonates any person or entityentity , including any employee or representative of Mazuri GameFi, or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for uses the purpose user name of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of dataanother user ; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes interfere or attempt to create similar products interfere with the proper functioning of the Services or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute Service in any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforgedthis Agreement . Without limiting the foregoing , except as expressly stated herein , no part of the Services may be copied , reproduced, distributed, republished , downloaded, displayed, posted or transmitted in any networkform or by any means ; Systematically retrieve data or other content from the Services to create or compile , systemdirectly or indirectly, servera database or directory without our written permission ; Use a purchasing agent to make purchases on the Services ; Circumvent , disable or otherwise interfere or attempt to interfere with any security-related features of the Services , including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and / or the Content contained therein ; Make improper use of our support services or submit false reports of abuse or misconduct ; Engage in any automated use of the system , such as using scripts to send comments or mes- sages, or computer hosting using any data mining , robots, or similar data gathering and extraction tools , except for the Markforged Technologypermissible purposes listed at the beginning of this Section 10; (v) interfere withInterfere with , disrupt, or create an undue burden on servers the Services or the networks or services connected to the Markforged Technology Site ; Sell or violate the regulations, policies, otherwise transfer or procedures of such networks; (vi) attempt to gain unauthorized access transfer your Account ; Use the Services as part of any attempt to the Markforged Technology, other computer systems compete with us or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or otherwise use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations Services and / or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any revenue-generating purpose other than for the Intended Use and as or commercial enterprise not expressly permitted by this Agreement ; Disparage, tarnish or otherwise harm or attempt to harm Mazuri GameFi and/ or any of the Services , as determined by us in our sole discretion ; Use the Blockchains to carry out any illegal activities in connection with or in any way related to your access to and use of the Services , including , but not limited to , money laundering , terrorist financing, or intentionally engaging in activities designed to negatively impact the performance of the Blockchains or the Services ; Engage in or knowingly facilitate any Documentation“preemptive” , “wash trading” , “pump and dump trading” , “running” , “pivoting” or fraudulent , deceptive or manipulative trading practices ; Engage in any activities designed to manipulate the outcome of any Mazuri Tournament, whether in the arena or in tournaments , or engage in any match fixing , winning trades or collusion between opponents that is contrary to the spirit that all players must play using and developing exclusively own skills and abilities and as determined by Mazuri GameFi in our sole discretion ; or Use non-fungible NFT tokens in any manner that is not currently permitted by (a) the rules of the applicable game ; or (b) as communicated to Mazuri GameFi through official channels such as email, Discord, Twitter , Substack or other means of communication. Use of Non-Fungible Tokens in any prohibited manner may result in Accounts being disqualified and ineligible to receive rewards , prizes or other benefits that would otherwise be available to the affected Accounts . The rights granted to you in these Terms of Use are conditioned on your compliance with the restrictions set forth in this section . Any future release , update or other addition to the Services will be subject to the Terms of Use . By using the Services , you also represent and warrant that (1) you (the person ) will only use one Account to play Mazuri GameFi and earn tokens in any 24- hour period ; (2) you , as the account holder , are solely responsible for the actions of any “helpers ” ( players using any MZR you own ) who play on your behalf , and that their actions may have consequences for any connected accounts you own ; For the avoidance of doubt, during any 24 hour period (i) you may not have more than one account. Mazuri GameFi may, in its sole discretion, limit or refuse to provide the Services in certain countries or regions . The Services may not be intended for use in your jurisdiction . You are solely responsible for ensuring that your use of the Services complies with applicable laws .
Appears in 1 contract
Samples: Terms of Use
Acceptable Use Policy. Customer representsPublisher agrees that it will not, warrants and covenants that Customer will comply with Markforged’s acceptable use policyeither by itself or by authorising or encouraging others to do so, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
directly or indirectly: (a) Customer will not use use, post or promote the Markforged Technology to collect, upload, transmit, displayWidget or any Recommendations in association with any material or content which is, or distribute which may reasonably be considered illegal, unlawful or infringing under any applicable laws (including, without limitation, content which infringes a third party copyright (i.e. illegal streaming website)), pornographic, obscene, promotional of Customer Content illicit drugs and drug paraphernalia, gambling-related (i) that violates any thirdunless legal in the location offered), weapon or ammunition-party rightrelated (unless legal in the location offered), including any copyrightviolent, trademarklibellous, patentdefamatory, trade secretindecent, moral rightseditious, privacy rightoffensive, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassinginvasive to privacy, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, possibly capable of inciting racial hatred, discriminatory (racially, ethnically or physical harm otherwise), in breach of confidence or any other right of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materialsthird party, or is otherwise objectionablelacking in necessary authorisations, approvals, consents or licenses; (b) engage in any action or practice that disparages or devalues Taboola (or its affiliates), the Widget, Taboola Sponsored Content, or the reliability, reputation or goodwill of any of them; (c) modify, change, edit, amend, truncate, alter, bypass or reorder any aspect of the Widget or Recommendations; (d) take any action that might impede Taboola’s provision of the Service, including, without limitation, the following actions: (i) placing the Widget in an iFrame; (ii) altering the appearance of the Widget by placing it in a container or otherwise; (iii) that is harmful to minors in any wayadding Publisher’s own code onto the Widget; (iv) overriding Taboola’s code on the Widget; and/or (v) removing the Widget from certain Website pages; (e) generate clicks on Recommendations, or generate Recommendation Pageviews, that Taboola believes, in its sole discretion, is through any automated, deceptive, fraudulent or other means that is designed to generate clicks or Recommendation Pageviews that are not the willing actions of human end users who possess an independent, genuine desire to engage with the content that appears on the relevant page(s), including but not limited to, through (i) repeated manual clicks, use of robots or other automated tools or computer generated requests, (ii) participation in fraudulent activity pay-per-click programs, (including impersonating another person or entityiii) redirection of search requests to pages that do not contain content reasonably relevant to the search query, or submitting misleading (iv) the provision of consideration to any third party in exchange for the third party causing any Clicks or false declarations concerning Customer’s affiliation with a person Recommendation Pageviews to occur; (f) copy, crawl, index, cache or entitystore any information derived by Taboola, or use proxy contained in or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate concerning a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of dataRecommendation; or (vg) provide Taboola any personally identifiable information concerning any Visitor or other person (“PII”). Clause (e) of the previous sentence shall be deemed to have been violated (x) if traffic is not converting above a certain threshold as determined by Taboola in its sole discretion or if Publisher’s Website’s result in low post-click performance, or (y) by any Recommendation Pageviews that Taboola determines, in its sole discretion, were the result of transfers or referrals of Visitors to a Website by a third party content distribution service provider and that resulted in a monthly click-through rate that was less than fifty percent (50%) of the click-through rate experienced by the remainder of the Recommendation Pageviews that occurred on the Website during the same month. A “Recommendation Pageview” shall be deemed to have occurred each unique time the Widget is rendered on the Desktop, Mobile Optimized, Tablet, App Website article page as shown in Appendix A, as determined by Taboola and reported on Taboola’s analytic dashboard and shall not include any pageviews that are not human initiated. Notwithstanding anything to the contrary herein, Taboola shall have the right to immediately terminate this Agreement without prior notice to Publisher and to remove the Widget from the Website(s) with no further obligation to Publisher in the event of Publisher’s violation of any law, regulation, or obligations or restrictions imposed by any third partythe foregoing Acceptable Use Policy.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Publisher Terms & Conditions
Acceptable Use Policy. Customer representsYou agree to not use the IPs for any illegal or abusive purposes, warrants including SPAM and covenants that Customer SPAM email marketing, and will otherwise comply with MarkforgedXxx’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
. Specifically, you agree (a) Customer will not use the Markforged Technology to collectand this includes your employees, upload, transmit, displayagents, or distribute others with access through you to the IP space) that you will not: • Use the IPs for any of Customer Content unlawful purpose, including without limitation: (i) that violates any third-party rightintentionally or knowingly transmitting, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicityreceiving, or disseminating any other intellectual property or proprietary right;
(ii) that is unlawfulobscene, harassing, abusive, tortiouspornographic, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to engage in fraudulent activity (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification unlawful information or manipulation information that infringes on legal rights of data; or (v) that is in violation of any lawothers, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted hereinincluding intellectual property rights; (ii) decompileintentionally or knowingly accessing accounts, disassembleservers, disassociatewebsites, decryptdata, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereofhardware, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will software not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used be accessed by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSIyou; or (iii) engaging in any manner kind of fraudulent transaction or conduct. • Intentionally or knowingly use the IPs to transmit, receive, or disseminate any information or material which could be expected to offend a reasonable person due to indecent, harassing, racially or ethnically discriminatory, violent or otherwise offensive content. • Use the IPs o to engage in spamming or to transmit or disseminate unsolicited bulk messages, including advertisements, informational distributions, charitable or other solicitations; o to create a large or abnormal burden on any network, including, without limitation, using, uploading, posting, publishing, transmitting, modifying, reproducing, broadcasting, disseminating, or otherwise distributing or making available a virus or any other feature, program, or code which may be harmful or destructive or limiting or debilitating in any way; o to disrupt any backbone network nodes or network service, or otherwise restricting, inhibiting, disrupting or impeding the ability to monitor or deliver any goods or services, any transmission, or data; o hacking; or o interfering with computer networking or telecommunications service to or from any internet user, host, provider, or network, including, without limitation, denying service attacks, overloading a service, improperly seizing or abusing operator privileges or attempting to crash a host. You agree to pay for all costs, expenses, and damages that Ace may incur associated with any blacklist removal as a result of the use of the IPs by you or your customers. • Use the IPs for any other purpose or in any other than for manner that causes any IP address under the Intended Use and as expressly permitted by this Agreement and Lease to be blocked from accessing any Documentationwebsite or server.
Appears in 1 contract
Samples: Terms of Service
Acceptable Use Policy. Customer representsYou agree that you will not, warrants and covenants that Customer will comply with Markforged’s acceptable not assist, encourage, or enable others to use policythe Service to:
a. Violate our Terms, as set forth in clauses (a)-(d) below (including the “Acceptable Use Policy”).;
(a) Customer will not use the Markforged Technology to collect, upload, transmit, display, b. Post any fake or distribute defamatory Content;
c. Violate any of Customer Content (i) that violates any third-party rightthird party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawfuld. Threaten, harassingstalk, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredharm, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materialsharass others, or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to engage in fraudulent activity (including impersonating another person promote bigotry or entitydiscrimination;
e. Promote a business or other commercial venture or event, or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or otherwise use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way the Service for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technologycommercial purposes, except as expressly permitted hereinby these Terms;
f. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereofengage in keyword spamming, or otherwise attempt to decipher manipulate the source codeService’s search results, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereofthird party website;
g. Solicit personal information from minors, except and only or submit or transmit pornography;
h. Violate any applicable law relating to the extent required by applicable law; (iii) distributeService;
i. Use any robot, rentspider, loanService search/retrieval application, leaseor other automated device, sellprocess or means to access, resellretrieve, sublicensescrape, conveyor index any portion of the Service;
j. Remove or modify any copyright, publicly displaytrademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
k. Record, publicly performprocess, exploit or mine information about users;
l. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
m. Reformat or frame any portion of the Service;
n. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Company’s technology infrastructure or otherwise make excessive traffic demands of the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining Service;
o. Attempt to gain unauthorized access to the Markforged Technology; Service, accounts, computer systems or (v) use networks connected to the Markforged Technology for Service through hacking, password mining or any other benchmarking means;
p. Use the Service or competitive purposes or attempt any Content to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
q. Use any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, software or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection routine that interferes with the Markforged Technology; (iii) interfere with or disrupt proper working of the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing onService, or otherwise attempt to access in a manner not expressly permitted by Markforged, interfere with the proper working of the Service;
r. Use the Service to violate the security of any computer network, system, servercrack passwords or security encryption codes; disrupt or interfere with the security of, or computer hosting otherwise cause harm to, the Markforged TechnologyService or Content; (v) or
s. Remove, circumvent, disable, damage or otherwise interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure security-related features of the Markforged Technology could lead to deathService, personal injury, features that prevent or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any restrict the use of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any DocumentationService.
Appears in 1 contract
Samples: Terms of Service
Acceptable Use Policy. Customer representsYou agree not to, warrants and covenants that Customer will comply with Markforged’s acceptable not to allow third parties to, use policy, as set forth in clauses (a)-(d) below (or access the “Acceptable Use Policy”).Services:
(a) Customer will to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
(b) to engage in, promote or encourage any illegal or harmful activity or infringing, offensive or harmful content, including but not limited to, any content that may involve child sexual exploitation, promotion of suicide or self-harm, incitement of hate or violence against, or doxing of another individual;
(c) for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
(d) to use the Markforged Technology Services to collectbuy, upload, transmit, displaysell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items (whether digital or otherwise);
(e) to use the Services to carry out or allow the provision of any financial activities that are subject to licensing or registration, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
(f) to use the Services to create, sell, or buy Digital Assets or other items that give owners the right to participate in an initial coin offering (“ICO”) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
(g) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
(h) to circumvent, disable, bypass, or otherwise interfere with or attempt to interfere with any security-related features of Customer the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein (for example, attempting to circumvent any rate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Sky Xxxxx);
(i) that violates to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users (including through disseminating any third-party rightsoftware or interacting with any API), including to damage, disable, overburden, or impair the Service’s functions in any manner;
(j) to use our Services, including any copyrightAPIs as applicable, trademark, patent, trade secret, moral right, privacy right, right of publicity, in any way that conflicts with or is inconsistent with our developer policies;
(k) to use our Services for commercial purposes that are inconsistent with these Terms or any other intellectual property instructions or proprietary rightterms and conditions;
(iil) that is unlawfulto use the Blockchains to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, harassingincluding but not limited to money laundering, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredterrorist financing, or physical harm deliberating engaging in activities designed to adversely affect the performance of any kind against any group the Blockchains or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; Services;
(iii) that is harmful to minors in any way; (ivm) to engage in fraudulent activity or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “corning,” or fraudulent, deceptive, or manipulative trading practices;
(including impersonating n) to engage in behaviors that have the intention or the effect of artificially causing a Game or Digital Asset to appear in a certain area on our Site or at the top of search results, or artificially increasing view counts, favorites and likes, or other metrics that we may use to sort items, collections, or search results;
(o) to use or attempt to use another user’s Account without authorization from such user; or pose as another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with use a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses wallet to engage in any other way for activity on the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) Xxxxx Hub that is in violation of any law, regulation, owned or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance componentcontrolled, in whole or in part, that is capable by any other person;
(p) to claim a Xxxxx Hub username or Account for the purpose of containing pressures reselling it, confusing others, deriving others’ goodwill, or otherwise engage in excess name squatting;
(q) to disable, interfere with or circumvent any aspect of 500 PSI; the Services (for example, any thresholds or limits);
(iiir) to access the Services from a different Blockchain address if we have blocked any of your other Blockchain addresses from accessing the Services, unless you have our prior written consent;
(s) to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertising or other solicitation, including distributing spam in any manner or for form, including sending unwanted Games or Digital Assets to other users;
(t) to systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, including but not limited to using any purpose data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other than for automated means or interface;
(u) to reverse engineer, duplicate, disassemble, decompile, or decode any aspect of our Services, or to do anything that might discover or lead to the Intended Use and discovery of the source code, or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;
(v) to sell or resell our Services or Games, or to otherwise attempt to circumvent any of Sky Xxxxx’ fee systems;
(w) to disparage, tarnish, or otherwise harm or attempt to harm Sky Xxxxx, the Xxxxx Hub, and/or any of the Services, as expressly permitted determined by this Agreement and us in our sole discretion; or
(x) to use the Services, or any Documentationinterfaces provided with the Services, to access any other product or service in a manner that violates the terms of service of such other product or service.
Appears in 1 contract
Samples: Terms of Use
Acceptable Use Policy. Customer represents, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will not use the Markforged Technology to collect, upload, transmit, display, or distribute any of Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to engage in fraudulent activity (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Except for branches of the United States Armed Forces, or civilian agencies of the United States government authorized to do so, Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; however, the use of Markforged Technology to build physical models of equipment or other tools to use for military or government training, planning, briefing is an acceptable use of the Markforged Technology (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Software License Agreement
Acceptable Use Policy. Customer represents, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will not use the Markforged Technology to collect, upload, transmit, display, or distribute any of Customer Content Application Services to: (i) that violates any third-party rightupload, including any copyrightpost, trademark, patent, trade secret, moral right, privacy right, right of publicityemail, or otherwise transmit any other intellectual property or proprietary right;
(ii) content that is unlawful, harassingharmful, threatening, abusive, harassing, tortious, threateningdefamatory, harmfulvulgar, obscene, libelous, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredhateful, or physical harm of any kind against any group racially, ethnically or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iiiii) that is harmful to minors harm Integrads or third parties in any way; (iviii) to engage in fraudulent activity (including impersonating another impersonate any person or entity, or submitting misleading or false declarations concerning otherwise misrepresent Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) removeuse third party email lists, alterincluding purchased, rented, scraped or illegally obtained email lists, to send targeted emails, notifications or messages with the Application Services; (v) upload, post, email, or obscure otherwise transmit any copyrightcontent that Customer does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, confidentiality trade secret, copyright, or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technologyright of any party; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (ivii) upload, transmitpost, email, or distribute otherwise transmit any Spam or Unsolicited Bulk Email (as defined by Xxxxxxxx at xxxxx://xxx.xxxxxxxx.xxx/definition.html), unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (viii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer viruses, worms, software or any software intended to damage hardware or alter a computer system or datatelecommunications equipment; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iiiix) interfere with or disrupt the Markforged Technology Application Services or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policiesApplication Services, or procedures disobey any requirements, procedures, policies or regulations of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to the Application Services; (x) intentionally or used together with the Markforged Technologyunintentionally violate any applicable local, through password mining state, national or other meansinternational law or regulation; (xi) “stalk” or otherwise harass another; or (viixii) access collect or use the Markforged Technology.
(d) store personal data about other users. Customer will not abide by Apple’s and/or Android’s terms of use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use requirements and as expressly permitted by this Agreement and any Documentationrestrictions regarding push notifications.
Appears in 1 contract
Samples: Master Services Agreement
Acceptable Use Policy. Customer representsshall not use, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will not nor shall it permit others to use the Markforged Technology to collect, upload, transmit, display, or distribute any of Customer Content Services for (i) that violates any third-party rightunlawful, including any copyrightinvasive, trademarkinfringing, patent, trade secret, moral right, privacy right, right of publicitydefamatory, or any other intellectual property or proprietary right;
fraudulent purpose; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, to transmit obscene, patently offensiveharassing or otherwise objectionable material, promotes racism, bigotry, hatred, whether or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or not such material is otherwise objectionable; constitutionally protected (iii) that is to send any virus, worm, trojan horse or harmful to minors in any waycode or attachment; (iv) to engage in fraudulent activity (including impersonating another person alter, steal, corrupt, disable, destroy, trespass or entity, violate any security or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin encryption of any data sent via the Markforged Technology) computer file, database or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of datanetwork; or (v) so as to materially interfere with or disrupt Service Provider’s network or third party networks connected to Service Provider’s network; and (vi) in a manner that is inconsistent with the Agreement, any applicable laws, or any reasonable testing procedures and/or usage guidelines which may be provided or posted by Service Provider in writing from time to time. For purposes of this section, Customer acknowledges that neither Service Provider nor CSC monitors nor controls Customer’s content. Customer is entirely responsible for all content or information directly or indirectly delivered to or passed through any of the Service. Notwithstanding the forgoing, nothing contained herein shall limit Service Provider’s or CSC’s rights to suspend or terminate the Service as outlined herein. CSC and Service Provider reserve the right to terminate Customer’s Services or this Agreement if, in CSC’s or Service Provider’ reasonable determination: (i) a domain hosted by CSC or its licensors for Customer is found to be pointing or otherwise directing traffic to any material in violation of any law, applicable law or regulation, or obligations or restrictions imposed by any third party.
and/or (bii) Customer will not (i) modify, alter, tamper with, repair, translateuses the Services to point to web sites or locations that create, transmit, adaptdistribute or store material that: violates trademark, arrangecopyright, trade secret or create derivative works based on other intellectual property laws; violates the Markforged Technologyprivacy, except as expressly permitted hereinpublicity or other personal rights of others; (ii) decompileviolates U.S., disassembleE.U. or Australian export control laws; impairs the privacy of communications; may be threatening, disassociateabusive or hateful; or encourages conduct that would constitute a criminal offense or gives rise to civil liability. Any misuse of the Services or resources that disrupts the normal use of CSC’s or Service Provider’s systems is strictly prohibited. Abusive uses, decryptincluding facilitating, extractaiding or encouraging such uses, reverse compile may lead to termination of the Services. Any attempts by Customer to penetrate CSC or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied its licensors security will result in the Markforged Technology immediate termination of the Services without notice, as well as notification of appropriate law-enforcement agencies. The following violations are grounds for immediate suspension and/or termination of the Services if, in CSC’s or any component thereofService Provider’s sole judgment, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others that Customer is in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology way responsible for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology tosuch activities: (i) upload, transmitposting article(s) or substantively similar article(s) to an excessive number of newsgroups using an CSC, or distribute any computer viruses, wormsits Service Provider- hosted domain, or any software intended to damage or alter a computer system or dataposting such messages through the Service; and (ii) utilize sending unsolicited e-mailings, whether or not such activities provoke complaints from the recipients. Customer acknowledges that Service Provider shall not be responsible for any equipment, device, software, or other means failure to (or designed todeliver the Services resulting from either a) circumvent or remove any form failure on the part of technical protection used by Markforged in connection Customer to comply with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other meansthis Section 1.6; or (viib) access any non-performance or use the Markforged Technology.
(dimproper performance by Customer, its end users; or c) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any DocumentationCustomer’s website.
Appears in 1 contract
Samples: Digital Brand Services Agreement
Acceptable Use Policy. 16.1 Customer representsagrees that it will not misuse the THELASTSEAT platform. Misuse is any use, warrants access to or interference with the Platform contrary to the Terms, Privacy Policy and covenants applicable laws and regulations. THELASTSEAT may, in its sole discretion, suspend or terminate access to all or only part of the Platform to any User or Customer, without prior notice or need to deliberate on reasons for doing so. THELASTSEAT reserves the right to deny service to any person or entity at any time. Customer agrees that Customer will comply with Markforged’s acceptable use policywhile using the Ticket Service Platform, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will not use behave contrary to the Markforged Technology to collectTerms, uploadPolicies, transmitapplicable laws and regulations, displayand in particular will not, or distribute without limitation, do any of Customer Content the following:
(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, send or any other intellectual property or proprietary rightpost unauthorized commercial communications (such as spam) through the Platform;
(ii) access the Platform using automated means (such as “harvesting bots”, robots, spiders, or “scrapers” or the like) without our permission;
(iii) upload viruses or other malicious code;
(iv) bullying behavior, intimidating or harassing any other User;
(v) post or transmit content that is unlawfulillegal, harassinghateful, abusive, tortiousobscene, threatening, harmfulincites violence, invasive of another’s privacy, vulgarinsulting, defamatory, falseviolates intellectual property rights, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredinvades privacy, or physical harm of any kind against any group contains graphic or individual, promotes illegal activities or contributes to the creation of weapons, illegal materialsgratuitous violence, or is otherwise objectionable; objectionable to third parties;
(iiivi) that is harmful to minors harass, threaten, shame, cause distress or discomfort in another individual or entity, impersonate any way; (iv) to engage in fraudulent activity (including impersonating another other person or entity, or submitting misleading otherwise restrict or false declarations concerning Customer’s affiliation with inhibit any person from using or enjoying the Platform;
(vii) take any action that creates a person disproportionately large usage load on our Platform, unless expressly permitted by THELASTSEAT;
(viii) post or entitytransmit content that is misleading;
(ix) communicate any information or content that Customer is not entitled to make available under any law or in contractual or fiduciary relationships, or use proxy that otherwise infringes or anonymizing serversviolates the rights of another person;
(x) encourage participation in or promote any content, pyramid schemes, surveys, chain letters or spam, or falsify headers unsolicited emails through the Platform;
(xi) post or manipulate identifiers transmit links to other websites that violate these Terms;
(xii) facilitate or addresses encourage any breach of these Terms.
16.2 If, for any reason, your account, or any part of it, is suspended, prohibited, restricted, blocked, terminated or disabled in any other way for by THELASTSEAT, you agree to abide by such a decision. You may not create another account with the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt intent to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes circumvent these limitations or attempt to create similar products or services through use circumvent any limitations imposed on your account without our permission. Any effort to avoid these limitations may result in the termination of the Markforged Technologyall current and future accounts you register.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Service Agreement
Acceptable Use Policy. Customer represents, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will The CUSTOMER agrees not to use the Markforged Technology to collect, upload, transmit, display, or distribute Internet to:
a. Transmit any of Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) material that is unlawful, harassingthreatening, abusive, harassing, tortious, threateningdefamatory, harmfulobscene, libelous, and invasive of another’s 's privacy, vulgarhateful or racially, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredethnically or otherwise objectionable;
b. Harm, or physical harm of any kind against any group or individualattempt to harm, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to engage in fraudulent activity (including impersonating another ;
c. Impersonate any person or entity, entity or submitting misleading falsely state or false declarations concerning Customer’s otherwise misrepresent your affiliation with a person or entity, or use proxy or anonymizing servers, or falsify ;
d. Forge headers or otherwise manipulate identifiers or addresses in any other way for the purpose of concealing order to disguise the origin of any data sent via material transmitted through the Markforged Technology) service;
e. Transmit any material that you do not have a right to make available under any law or perpetrate a hoax under contractual or engage in phishing schemes fiduciary relationships (such as inside information, proprietary and confidential information learned or forgery disclosed as part of employment relationships or other similar falsification or manipulation of data; or (v) under non-disclosure agreements);
f. Transmit any material that is in violation of infringes any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyrightpatent, trademark, confidentiality trade secret, copyright or other proprietary noticesrights of any party;
g. Transmit any unsolicited or unauthorized advertising, labels promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use form of the Markforged Technology.solicitation;
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute h. Transmit any computer material that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software intended to damage or alter a computer system hardware or data; (ii) utilize any telecommunications equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere ;
i. Interfere with or disrupt the Markforged Technology service or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policiesservice, or procedures disobey any requirements, procedures, policies or regulations of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to the service;
j. Intentionally or used together with unintentionally violate any applicable local, state, national or international law, or any regulations having the Markforged Technologyforce of law; k)"stalk" or otherwise harass another;
k. Collect or store, through password mining or other means; attempt to collect or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to deathstore, personal injurydata about third parties without their knowledge or consent;
l. Resell the service and equipment not bought without written authorization from MAWINGU; and
m. Use the service System for high volume data transfers, or physical property or environmental damage; (ii) to experiment with ordnance or collectespecially sustained high volume data transfers, uploadhosting a web server, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, boltIRC server, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentationserver.
Appears in 1 contract
Samples: Internet Service Agreement
Acceptable Use Policy. Customer represents, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will You agree not to use the Markforged Technology to collectRivendell Site or Products to:
a. Upload, upload, transmit, display, post or distribute otherwise transmit any of Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, data or any other intellectual property or proprietary right;
(ii) content that is unlawful, harassingharmful, threatening, abusive, harassing, tortious, threateningdefamatory, harmfulvulgar, obscene, libelous, invasive of another’s privacy's privacy or without another's permission, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredhateful, or physical harm of racially, ethnically or otherwise objectionable to any kind against person for any group reason, natural or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to corporate;
a. Harm minors in any way; (iv) to engage in fraudulent activity (including impersonating another way; impersonate any person or entity, including, but not limited to, a Rivendell official, forum leader, guide or submitting misleading host, or false declarations concerning Customer’s falsely state or otherwise misrepresent your affiliation with a person or entityentity;
b. Upload, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile post or otherwise reverse engineer the Markforged Technology or transmit any component thereoffalsified, composite, or otherwise attempt to decipher the source codenonauthentic depictions of events, algorithmslocations, methodslandmarks, structureentities or persons (spoofs);
c. Upload, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit post or otherwise make the Markforged Technology available for use by others in transmit any time-sharingcontent that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, service bureau proprietary and confidential information learned or similar arrangement; (iv) removedisclosed as part of employment relationships or under nondisclosure agreements);
d. Upload, alter, post or obscure otherwise transmit any copyrightcontent that infringes any patent, trademark, confidentiality trade secret, copyright or other proprietary noticesor intellectual property rights of any party;
e. Upload, labels post or marks fromotherwise transmit any content that promotes discrimination based on race, on sex, religion, nationality, disability, sexual orientation or pertaining to the Markforged Technology; age;
f. Upload, post or (v) use the Markforged Technology for otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other benchmarking form of solicitation, including, without limitation, the solicitation of owners or competitive purposes users to become subscribers of online competitors with Rivendell;
g. Upload, post or attempt otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to create similar products interrupt, destroy or services through use limit the functionality of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, software or any software intended to damage hardware or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere telecommunications equipment;
h. Interfere with or disrupt the Markforged Technology Rivendell or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policiesRivendell, or procedures disobey any requirements, procedures, policies or regulations of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.Rivendell;
Appears in 1 contract
Samples: Terms and Conditions
Acceptable Use Policy. Customer representsThe Company is proud to offer its customers access to full- time, warrants part-time and covenants even on- demand care services. While we do not want to place undue restrictions on the ways in which you can use the Services, we must ask that Customer will comply you use them responsibly. As a condition to our provision of the Services, you must agree to refrain from any actions which could be harmful to the Company, other Users, or any third parties. In particular, you must never use the Services, nor attempt to use the Services, to do any of the following: § Scan, test or probe any computer network for security vulnerabilities; § Circumvent or attempt to circumvent security, authentication or verification measures; § Access, tamper with Markforgedor use any non-public areas of the Services or the Company’s acceptable use policycomputer systems, as set forth or the technical delivery systems of the Company or its providers; § Reverse engineer any of the Company’s proprietary technology; § Access the Services in clauses any manner other than our publicly-supported interfaces (a)-(d) below (the for example, “Acceptable Use Policyscraping”).
(a) Customer will not use the Markforged Technology to collect, upload, transmit, display; § Threaten to, or distribute actually, harm, disrupt or interfere with any user, host or network, for example by spamming, sending a virus, overloading, mail-bombing or attempting a denial of Customer Content service attack; § Send information with deceptive or false source- identifying information, otherwise known as “phishing,” or otherwise misrepresent your identity or affiliation with any person or entity; § Send unsolicited email, junk mail, chain- letters, advertisements, promotions or other “spam” messages; § Publish any fraudulent, misleading, defamatory or libelous material or information that otherwise infringes on the rights of others; § Distribute or plant malware; § Upload or share any materials that (i) that violates infringe or misappropriate the intellectual property rights or violate the privacy rights of any third-party right(including without limitation, including any copyright, trademark, patent, trade secret, or other intellectual property right, moral right, privacy right, or right of publicity), or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, are unlawfully obscene or pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; advocate bigotry, religious, racial or ethnic hatred or (iv) to engage in fraudulent activity incite violence; or § Violate any law or regulation or the rights (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose contractual rights) of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
. The Company reserves the right to monitor the Services and investigate suspected violations of this Acceptable Use Policy, and to choose, in its sole discretion, how to respond to violations, including without limitation: suspension or termination of access to the Services, banning IP addresses, deletion of the offending data or files, notification of the relevant authorities or prosecution. Privacy Policy The Company cares about your privacy, and wishes to protect it while also providing you with full and transparent disclosure about our uses of your information. This Privacy Policy (bthis “Privacy Policy”) explains how we collect, use, share and protect information about you. It also provides information regarding how you can access and update your information and make certain choices about how your information is used. The Information We Collect In order to provide the Services, we need to collect and process certain information. Depending on your use of the Services, that may include: § Information (such as your name, email and postal addresses, telephone number, and country of residence) that you provide when creating an Account; § Payment information (including credit card and banking information) you submit to the Services in furtherance of making or receiving payments; § Information you leave in a rating or review of a Service Provider; § Details of any requests or transactions you make through the Services; § Information you choose to include in your public profile, including biographic information, personal interests and profile pictures; § Information uploaded to the Services by Customer regarding Customer’s children, pets, home, family member, etc. including names, preferences and needs. § Information about your activity on and interaction with the Services, such as your IP address and the device and operating system you use; § Photographic, video and audio recordings made using the ILY Website and/or chat rooms or uploaded through the Services; § Geo-location information § Ratings and Reviews left by Customers; § Communications you send to us (for example, support requests, questions or comments, or reports of a problem). § Information about certifications and documentation, such as driver’s license or ID and CPR certification. If you are a contact of one of our Users, that User may provide your name and email address to the Company if they think you would be interested in the Services. If you are an emergency contact or pediatrician of one of our Customers, that Customer may provide your contact information in case a Service Provider needs to reach you. Except as otherwise permitted in this Privacy Policy, we will not share this information with third parties for any purpose and will only use this information for the sole purpose of providing you with the ability to request or provide Care Services via the ILY website. Private Information Certain data will not be publicly displayed or revealed to other users. Private data includes: § Payment information;§ Private Reviews; § IP addresses; and § Communications you send to the Company directly (i) modifyfor example, altersupport requests, tamper with, repair, translate, transmit, adapt, arrangequestions or comments, or create derivative works based on reports of a problem). We never share or sell your personal information. When a Payment is made, the Markforged TechnologyPayment information is only sent to our payment processor. Your payment information is never received by or stored by the Company. ILY uses bank transfers and Braintree, except as expressly permitted herein; a division of PayPal, Inc. (iiBraintree) decompilefor payment processing services. By using the Braintree payment processing services or bank transfer invoices you agree to the Braintree Payment Services Agreement available at xxxxx://xxx.xxxxxxxxxxxxxxxxx.xxx/legal/pay ment-services- agreement, disassembleand the applicable bank agreement available at xxxxx://xxx.xxxxxxxxxxxxxxxxx.xxx/legal/ban k-agreement- us. As detailed in its policies and agreements, disassociateour payment processor may store your payment information. We do reserve the right to disclose private information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, decryptto prevent fraud or abuse, extract, reverse compile or otherwise reverse engineer to respond to violations of the Markforged Technology or any component thereofCompany’s Acceptable Use Policy, or otherwise attempt to decipher protect the source codeCompany’s legal rights. Information We Share with Other Users When a Customer submits a Care Assignment, algorithmswe share certain information with our Service Providers in order to allow them to better provide Care Services. The Service Provider who accepts a Care Assignment will be able to see information relating to the posting, methodsincluding the name of the Customer and/or organization requesting care, structurethe number and names of the children, interfacespets, protocolsstudents, messaging or techniques used or embodied in etc. the Markforged Technology or any component thereoflocation requested, except the time, duration, and type of Care Services requested, the profile pictures of the Customer and Clients (if any), emergency contact information, and special information and instructions about the Client and/or Customer. We may also share information with third- party services, only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged necessary to provide the Markforged Technology; Services (iv) use for example, with our payment processing and hosting partners). When a Service Provider accepts a Care Assignment, the Markforged Technology Customer who requested it will be able to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting see the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure full name of the Markforged Technology could lead to deathService Provider, personal injuryand the profile picture, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any bio and ratings of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any DocumentationService Provider.
Appears in 1 contract
Samples: Terms of Use
Acceptable Use Policy. Customer representsWhether or not you register for an account with us, warrants the Services are only available for access and covenants use by you for lawful purposes. You understand that Customer will comply when using the Site/app or Applications, you may be exposed to user content (including, without limitation, Offers) provided by other users or third parties, and you agree that LiberPays is not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such user content. Any action by you or associated with Markforged’s acceptable use policyyour account that we believe, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
our sole and absolute discretion: (a) Customer will not use violates the Markforged Technology to collectAgreement; (b) restricts, uploadinhibits, transmitdisrupts, displayinterferes with, limits, or distribute any prevents access or use of Customer Content the Services; or (ic) that violates any third-party rightthrough the use of the Services, including any copyrightabuses, trademarkdefames, patentharasses, trade secret, moral right, privacy right, right disparages or threatens another user of publicity, the Services or any other intellectual property third party, is strictly forbidden. You also may NOT: • solicit for commercial purposes other users of the Services, unless permitted by and in accordance with a Partner Agreement; • use the Services to distribute or proprietary right;
(ii) that is unlawfulpost solicitations, harassingpromotional materials, abusivespam, tortiousjunk mail, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredchain letters, or physical harm of any kind against any group or individualpyramid schemes, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors unless permitted by and in any way; (iv) to engage in fraudulent activity (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation accordance with a person Partner Agreement; • use metatags or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose “hidden text” utilizing any of concealing the origin of any data sent via the Markforged Technology) our or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, ’s product names or create derivative works based on the Markforged Technology, except as expressly permitted hereintrademarks; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile • harvest or otherwise reverse engineer the Markforged Technology or collect personal information about users, including e-mail addresses, without their consent; • use any component thereofrobot, or otherwise attempt to decipher the source codespider, algorithmscrawler, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality scraper or other proprietary noticesautomated means to access the Services, labels unless permitted by and in accordance with a Partner Agreement; • take any action that imposes or marks from, may impose (in our sole discretion) an unreasonable or disproportionately large load on or pertaining to the Markforged Technologyour technical infrastructure; or (v) • bypass any measures we may use the Markforged Technology for any other benchmarking to prevent or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized restrict access to the Markforged Technology, other computer systems Services or networks connected certain features or modules of the Services. We reserve the right to immediately block or used together with the Markforged Technology, through password mining or other means; or (vii) access or disable your ability to use the Markforged Technology.
(d) Customer will not use Applications, and/or otherwise suspend or terminate your access to the Markforged Technology (i) Services, if, in connection with our sole and absolute discretion, we believe that you have engaged in any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, foregoing activities or physical property that they have occurred in association with your account or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentationpassword.
Appears in 1 contract
Samples: Terms of Use & Sale
Acceptable Use Policy. Customer representsBY USING THE SERVICES, warrants YOU AGREE NOT TO, and covenants that Customer will comply not to allow third parties to use our Services: for any illegal purpose, or in violation of any local, state, national, or international law; to use our Services in an unsafe manner, including using the Services while operating a motor vehicle; to violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights; to disable any licensing or control features associated with Markforged’s acceptable use policyour Services; to intentionally distribute viruses, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will not use the Markforged Technology worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; to collectpost, upload, transmit, display, or distribute any of Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, abusive, tortious, threatening, harmfulembarrassing, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredhateful, or physical harm otherwise inappropriate; to interfere with security-related features of the Services, including by disabling or circumventing features that prevent or limit use or copying of any kind against content, or reverse engineering or otherwise attempting to discover the source code of the Services or any group or individual, promotes illegal activities or contributes part thereof except to the creation extent that such activity is expressly permitted by applicable law; to make or prepare any derivative work with respect to our Services or any derivative work using content associated with the Services, other than as expressly permitted by us in a manner that gives any party access to mass downloads or bulk feeds of weaponsany content, illegal materialsincluding but not limited to numerical latitude or longitude coordinates, imagery, visible map data, or is places data (including business listings); to post on any website or otherwise objectionablemake available to the public any interactive maps; (iii) that is harmful or a component of our Services, in a manner not authorized by us; or to minors remove, modify, or obscure any of our brand features, links, or notices appearing in our Services or other content; to interfere with the operation of the Services or any wayuser’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users of the Services, or attempting to collect, personal information about users or third parties without their consent; (iv) to engage in perform any fraudulent activity (including impersonating another any person or entity, or submitting misleading or claiming false declarations concerning Customer’s affiliation with a person or entityaffiliations, accessing the Services accounts of others without permission, or use proxy falsifying your age or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose date of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of databirth; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile to sell or otherwise reverse engineer transfer the Markforged Technology access granted herein or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied Materials (as defined in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technologythis Agreement).
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentation.
Appears in 1 contract
Samples: Terms of Use
Acceptable Use Policy. Customer represents, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer Company will not use implement the Markforged Technology to collect, upload, transmit, displayPlatform on any Properties that promote any material or content that is, or distribute that may reasonably be considered: illegal, unlawful, or infringing under any of Customer Content applicable laws (i) including, without limitation, content that violates any infringes a third-party right, including any copyright, trademark, patent, or trade secret), moral rightin violation of relevant economic sanctions or trade restrictions, privacy rightpornographic, right profane, promotional of publicitydrugs and drug paraphernalia (including, but not limited to, recreational and prescription drugs), gambling-related (unless legal in the location offered), fake or deceptive, libelous, defamatory, invasive to privacy, violent, threatening, promotional of known violent organizations or, content designed to promote hatred of any societal group based on, but not limited to, ethnicity, race, religion, sexual orientation, gender or trans-gender status, or designed to harass, offend, shock, or cause or promote harm to any individual (e.g. “doxing”), in breach of confidence or any other intellectual property right of any third party, or proprietary right;
lacking in necessary authorizations, approvals, consents, or licenses, or used on Properties that are directed or targets Visitors under the age of sixteen (16) (collectively “Prohibited Content”). Taboola reserves the right to remove the Platform from the impacted Placements on the page if Prohibited Content is displayed and the Platform would be restored to the impacted pages once the Prohibited Content has been removed. Notwithstanding anything set forth in this subparagraph, Taboola recognizes that Company (i) reports on news, provides editorial content and consequently such news or editorial content may include controversial topics, and (ii) the Properties may contain user-generated content (inclusive of comments) and Xxxxxxx agrees that is unlawfulthe publication of news content, harassingeditorial content for reporting purposes and user-generated content shall not be considered a violation of this subparagraph 3.b. c. Company shall not (i) reverse engineer, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatreddecompile, or physical harm of disassemble the Services (including, without limitation, any kind against any group or individualSDK Technology); (ii) copy, promotes illegal activities or contributes to the creation of weapons, illegal materialsmodify, or is otherwise objectionableadapt the Services; (iii) that is harmful to minors in modify, change, edit, amend, truncate, alter, override, bypass, or reorder any wayaspect of the Services; (iv) to engage place the Platform in fraudulent activity (including impersonating another person an iFrame or entity, or submitting misleading or false declarations concerning Customer’s affiliation with in a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only container subject to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining last sentence of this subparagraph 2.c hereof add its own code to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged TechnologyPlatform; (v) interfere withrent, disruptlease, sublicense, sell, assign, loan, or create an undue burden on servers or networks connected to otherwise transfer the Markforged Technology or violate the regulations, policies, or procedures of such networksServices; (vi) attempt to gain unauthorized access to use the Markforged TechnologyPlatform in a manner that threatens the integrity, other computer systems performance, or networks connected to availability of the Platform; (viii) redirect, block, or used together impede Visitors’ engagement with the Markforged Technology, through password mining or other meansServices once they click on a Recommendation; or (viiix) access minimize, remove, cover or use otherwise inhibit the Markforged Technologyfull and complete display of the Platform. Notwithstanding subparagraph 1.c.
(d) Customer , Company may require that the Platform be placed in an iFrame or in a container provided that Company will not use the Markforged Technology [***]. The Parties will (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure monitor performance on implementations of the Markforged Technology could lead to death, personal injury, Platform in an iFrame or physical property container [***] caused by the placement of the Platform in an iFrame or environmental damagecontainer; and [***] (ii) work together in good faith to experiment with ordnance determine a limit on the volume of Viewable Impressions within an iFrame or collectcontainer following an analysis to be carried out by Company immediately between the Effective Date and the Transition Period End Date, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or as long as such limit does not create a security risk for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any DocumentationCompany.
Appears in 1 contract
Samples: Digital Property and Demand Services Agreement (Taboola.com Ltd.)
Acceptable Use Policy. Customer represents, warrants and covenants that Customer will comply with Markforged’s acceptable use policy, as set forth in clauses (a)-(d) below (the “Acceptable Use Policy”).
(a) Customer will You agree not to use the Markforged Technology to collectInformation, upload, transmit, displayServices, or distribute the Applications to take any action or actions or to post any Content that: • are contrary to Advisor’s Choice’s public image, goodwill, or reputation; • infringe on our or any third party’s copyright, patent, trademark, trade-secret or other proprietary rights, or rights of publicity or privacy; • express or imply that any of Customer Content (i) your statements, activities, or causes are endorsed by us, without our prior written consent in each instance; • violate any applicable law, statute, ordinance, or regulation, or encourage any conduct that violates could constitute a criminal offense or give rise to civil liability; • are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic, or obscene; • transmit any thirdtrade-party rightsecret or other material, including non-public information about any person, company, or entity without the authorization to do so; • restrict or inhibit any other visitor from using the Applications, including, without limitation, by means of “hacking” or defacing any portion of the Applications; • modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Applications or Information; • remove any copyright, trademark, patentor other proprietary rights notices contained in or on the Information, trade secretApplications, moral rightor Services; • sublicense, privacy rightsell, right rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of publicitythe Applications, or any other intellectual property or proprietary right;
(ii) that is unlawfulportion thereof, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) to engage in fraudulent activity (including impersonating another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technologymanner whatsoever, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) • interfere with or disrupt any services or equipment with the Markforged Technology intent of causing an excessive or disproportionate load on the infrastructure of Advisor’s Choice or its licensors or suppliers; • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Applications, or in any way reproduce or circumvent the navigational structure or presentation of the Applications or its contents, authentication, and security measures; • forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; • execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Applications’ servers or networks used by Markforged to provide any data not intended for you; and/or • harvest or collect information about any Applications visitors or members without their express consent. Improper use of the Markforged Technology; (iv) use the Markforged Technology to perform any stressInformation, vulnerabilityServices, penetration, availability, or performance testing on, or otherwise attempt to access and Applications may result in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures termination of such networks; (vi) attempt to gain unauthorized your access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or and use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to deathApplications, personal injury, and/or civil or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI; or (iii) in any manner or for any purpose other than for the Intended Use and as expressly permitted by this Agreement and any Documentationcriminal liabilities.
Appears in 1 contract
Samples: Terms of Use
Acceptable Use Policy. Customer representsYou agree not to, warrants and covenants not to allow third parties to, use or access the Services: • to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act); • to engage in, promote or encourage any illegal or harmful activity or infringing, offensive or harmful content, including but not limited to, any content that Customer will comply with Markforged’s acceptable use policymay involve child sexual exploitation, as set forth in clauses promotion of suicide or self-harm, incitement of hate or violence against, or doxing of another individual; • for any unlawful, invasive, infringing, defamatory or fraudulent purpose (a)-(d) below (the “Acceptable Use Policy”for example, this may include phishing, creating a pyramid scheme or mirroring a website).
(a) Customer will not ; • to use the Markforged Technology Services to collectbuy, upload, transmit, displaysell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items; • to use the Services to carry out or allow the provision of any financial activities that are subject to licensing or registration, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments; • to use the Services to create, sell, or buy Digital Collectibles or other items that give owners the right to participate in an initial coin offering (“ICO”) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments; • to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; • to circumvent, disable, bypass, or otherwise interfere with or attempt to interfere with any security-related features of Customer the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein (i) that violates for example, attempting to circumvent any third-party rightrate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Sky Xxxxx); • to interfere with the use of the Services, or the equipment used to provide the Services, by customers, authorized resellers, or other authorized users (including through disseminating any software or interacting with any API), including to damage, disable, overburden, or impair the Service’s functions in any manner; • to use our Services, including any copyrightAPIs as applicable, trademark, patent, trade secret, moral right, privacy right, right of publicity, in any way that conflicts with or is inconsistent with our developer policies; • to use our Services for commercial purposes that are inconsistent with these Terms or any other intellectual property instructions or proprietary right;
(ii) that is unlawfulterms and conditions; • to use the Blockchains to carry out any illegal activities in connection with or in any way related to your access to and use of the Services, harassingincluding but not limited to money laundering, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatredterrorist financing, or physical harm deliberating engaging in activities designed to adversely affect the performance of any kind against any group the Blockchains or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionableServices; (iii) that is harmful to minors in any way; (iv) • to engage in fraudulent activity (including impersonating or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “corning,” or fraudulent, deceptive, or manipulative trading practices; • to engage in behaviors that have the intention or the effect of artificially causing an item or Digital Collectible to appear in a certain area on our Site or at the top of search results, or artificially increasing view counts, favorites and likes, or other metrics that we may use to sort items, collections, or search results; • to use or attempt to use another user’s Account without authorization from such user; or pose as another person or entity, or submitting misleading or false declarations concerning Customer’s affiliation with use a person or entity, or use proxy or anonymizing servers, or falsify headers or manipulate identifiers or addresses in any other way for the purpose of concealing the origin of any data sent via the Markforged Technology) or perpetrate a hoax or wallet to engage in phishing schemes or forgery or other similar falsification or manipulation of data; or (v) a transaction on the Xxxxx Market that is in violation of any law, regulation, owned or obligations or restrictions imposed by any third party.
(b) Customer will not (i) modify, alter, tamper with, repair, translate, transmit, adapt, arrange, or create derivative works based on the Markforged Technology, except as expressly permitted herein; (ii) decompile, disassemble, disassociate, decrypt, extract, reverse compile or otherwise reverse engineer the Markforged Technology or any component thereof, or otherwise attempt to decipher the source code, algorithms, methods, structure, interfaces, protocols, messaging or techniques used or embodied in the Markforged Technology or any component thereof, except and only to the extent required by applicable law; (iii) distribute, rent, loan, lease, sell, resell, sublicense, convey, publicly display, publicly perform, exploit or otherwise make the Markforged Technology available for use by others in any time-sharing, service bureau or similar arrangement; (iv) remove, alter, or obscure any copyright, trademark, confidentiality or other proprietary notices, labels or marks from, on or pertaining to the Markforged Technology; or (v) use the Markforged Technology for any other benchmarking or competitive purposes or attempt to create similar products or services through use of the Markforged Technology.
(c) Customer will not use the Markforged Technology to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Markforged in connection with the Markforged Technology; (iii) interfere with or disrupt the Markforged Technology or servers or networks used by Markforged to provide the Markforged Technology; (iv) use the Markforged Technology to perform any stress, vulnerability, penetration, availability, or performance testing on, or otherwise attempt to access in a manner not expressly permitted by Markforged, any network, system, server, or computer hosting the Markforged Technology; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Markforged Technology or violate the regulations, policies, or procedures of such networks; (vi) attempt to gain unauthorized access to the Markforged Technology, other computer systems or networks connected to or used together with the Markforged Technology, through password mining or other means; or (vii) access or use the Markforged Technology.
(d) Customer will not use the Markforged Technology (i) in connection with any military operations or the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Markforged Technology could lead to death, personal injury, or physical property or environmental damage; (ii) to experiment with ordnance or collect, upload, transmit, display, print, extrude, deposit or distribute any of Customer Content that contributes to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance componentcontrolled, in whole or in part, that is capable by any other person; • to claim a Xxxxx Market username for the purpose of containing pressures reselling it, confusing others, deriving others’ goodwill, or otherwise engage in excess name squatting; • to disable, interfere with or circumvent any aspect of 500 PSIthe Services (for example, any thresholds or limits); • to access the Services from a different Blockchain address if we have blocked any of your other Blockchain addresses from accessing the Services, unless you have our prior written consent; • to generate, distribute, publish or (iii) facilitate unsolicited mass email, promotions, advertising or other solicitation, including distributing spam in any manner or for form, including sending unwanted NFTs to other users; • to systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, including but not limited to using any purpose data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other than for automated means or interface; • to reverse engineer, duplicate, disassemble, decompile, or decode any aspect of our Services, or to do anything that might discover or lead to the Intended Use and discovery of the source code, or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services; • to sell or resell our Services, or to otherwise attempt to circumvent any of Sky Xxxxx’ fee systems; • to disparage, tarnish, or otherwise harm or attempt to harm Sky Xxxxx, the Xxxxx Market, and/or any of the Services, as expressly permitted determined by this Agreement and us in our sole discretion; or • to use the Services, or any Documentationinterfaces provided with the Services, to access any other product or service in a manner that violates the terms of service of such other product or service.
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Samples: Terms of Use
